Avid Web Terms & Conditions
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Avid Web Design Terms of Use

Trademarks

The logo service marks, trademarks, and/or trade dress of Avid Web Design & Marketing, Inc. are owned exclusively by Avid Web Design & Marketing, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.


Copyrights

The contents of this web site are subject to and protected by: Copyright © 2001, 2002, 2003, 2004, 2005, 2006 - 2016: Avid Web Design & Marketing, Inc. ALL RIGHTS RESERVED.


Limits on Use

This web site is owned and operated by Avid Web Design & Marketing, Inc., and is for the user's personal, noncommercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software, products or services ("Materials") obtained from this web site, except that user may view the web site content in its present form and user may download on any single computer one (1) copy of the materials for personal, noncommercial home use, provided user keeps intact all copyright and other proprietary notices. The use of any materials on any other web site or networked computer environment is prohibited. User recognizes that unauthorized use of web site content may subject user to civil or criminal liability.


Disclaimer of Warranties

THE MATERIALS PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. AVID WEB DESIGN & MARKETING, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AVID WEB DESIGN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

AVID WEB DESIGN & MARKETING, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB SITE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

AVID WEB DESIGN & MARKETING, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AJT DESIGN & MARKETING, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.


Limitation of Liability

IN NO EVENT SHALL AVID WEB DESIGN & MARKETING, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR THE MATERIALS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AJT Design, Inc. AND/OR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Choice of Laws/Venues

User agrees that any disputes involving this web site shall be adjudicated to any federal or state court located in Orange County, Florida. User agrees to submit to jurisdiction and venue in any state or federal court in Orange County, Florida.


Agent of Notice

Avid Web Designs & Marketing, Inc.
Legal Department
1400 Village Sq. Blvd Bld 3 Suite #118
Tallahassee, FL 32312
Ph: 866-251-8827
Fax: 866-897-5440


Miscellaneous

Cancellations
Please be aware that there are no pro-rated refunds of service. NO CONTRACTS ARE REQUIRED. ALL ACCOUNTS ARE ON A MONTH TO MONTH BASIS.

Billing Cycles

We bill all hosting accounts monthly unless other arrangements as made. We bill on the 1st of each month for that month of service. If you signup on a date other than the first of the month, a pro-rated amount will be charged for the remainer of the present month.

Invoicing

All invoices are sent exclusively via e-mail. We do not send invoices through postal mail or fax. You are responsible for directly updating, or notifying Avid Web Designs of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). Please note that it is your responsibility to keep your account and contact information current. Avid Web Designs is not responsible for outdated email addresses or non-receipt of email invoicing.

Non-Payment

We reserve the right to suspend service for any hosting invoices that exceed 30 days past due. There will be a late charge of $25 assessed on all accounts 30+ days past due unless other written arrangements are made.

We reserve the right to restrict FTP access on all accounts that have service (design, programming, etc.) invoices that exceed 30 days past due. There will be a $25 charge to re-instate FTP access once balance is paid in full, unless other written arrangements are made.

Client shall be responsible for all attorney and collection costs incurred by Avid Web Design & Marketing, Inc. for the sole purpose of collecting a debt.

Refunds

We do not offer credits or refunds for hosting time already expended and domain name registration fees are non refundable. Because we have provided you with DNS entries, usernames, passwords, appropriated disk space, bandwidth/data transfer and other resources, you are provided with the ability to use your account. If you do not use the services you are ordered, are still obligated to pay for the account. The reason for this policy is that even an unused account uses valuable system resources that we could have made available to offer other customers and therefore, once you have ordered our services you are obligated to pay for your account.

Use of Services

All services provided by Avid Web Designs 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; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Spam Policy

Avid Web Design & Marketing, Inc. is committed to a zero-tolerance, anti-spamming policy. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to our customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a AJT server, and selling or distributing software (on a web site residing on a Avid Web Designs server) that facilitates spamming. Violators will be assessed a minimum fine of $100 and will face immediate suspension. Avid Web Designs reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Mass Emailing is defined as "sending a single message to more than 50 recipients". This may include, but is not limited to newsletters, announcements and sales. Avid Web Design's servers may not be used to send mass email of any type. Please obtain a third party mass emailing service such as Constant Contact should you need to send mass mail out. Our policy is strict on this to protect all customers on a "shared" hosting platform. Mass emailing is extremely resource intensive and can cause server lockup. We reserve the right to immediately terminate any account found mass emailing from our servers.

Adult Content

Avid Web Design does not allow the publishing of any pornographic materials, violent or sexually explicit subject matter on our web servers.

Service Level Agreement

Network Uptime: Avid Web Design & Marketing, Inc. guarantees that its network will be available 99% of the time in a given month, excluding scheduled maintenance. Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Network downtime exists when a particular customer is unable to transmit and receive data and is measured from the time the trouble ticket is opened. Please Note: Sometimes various ISP’s (Internet Service Providers) have internal routing issues where a Client might not be able to access their website via their local Internet connection. Since this instance is not the cause of network/hardware/infrastructure issues on Avid Web Design’s end, these issues are excluded from being considered as downtime. Upon request, Avid Web Design & Marketing, Inc. shall produce server logs to the Client showing that the server was online during the period the Client was unable to access their website. This will serve as proof that the Avid Web Designs web server was not offline but that the problem was an isolated incident of a routing issue between the Clients local ISP and Avid Web Design & Marketing’s network operations center.

Avid Web Design & Marketing’s Guarantee: Upon experiencing downtime, Avid Web Design & Marketing, Inc. will credit the Client 5% of the monthly fee for each 30 minutes of downtime (up to 50% of customer's monthly web hosting fee).

Infrastructure

Avid Web Design & Marketing, Inc. guarantees that the critical infrastructure systems will be available 99% of the time in a given month, excluding scheduled maintenance. Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and is measured from the time the server is shut down to the time the problem is resolved and the server is powered back on.

Avid Web Design & Marketing’s Guarantee: Upon experiencing downtime, Avid Web Design & Marketing, Inc. will credit the Client 5% of the monthly fee for each 30 minutes of downtime (up to 50% of customer's monthly web hosting fee).

Hardware

Avid Web Design & Marketing, Inc. guarantees the functioning of all hardware components and will replace any failed component within one hour of failure. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems and applications. Hardware replacement will begin once Avid Web Design & Marketing, Inc. identifies the cause of the problem.

Avid Web Design & Marketing’s Guarantee: Upon experiencing downtime, Avid Web Design & Marketing, Inc. will credit the Client 5% of the monthly fee for each 30 minutes of downtime (up to 50% of customer's monthly web hosting fee).

Credit Requests: To receive an SLA credit, the Client must open a support ticket via Avid Web Design & Marketing, Inc.’s customer support portal immediately upon finding a potential issue.

Additional Terms: The client agrees to hold Avid Web Design & Marketing, Inc. harmless from any and all claims, including but not limited to; loss of business due to server downtime, loss of data due to corrupt files, loss of revenue, leads, or any other means of conducting business due to service failures of any type. The client agrees that beyond the SLA agreement set forth by Avid Web Design & Marketing, Inc., no other such damages (of any type) incurred by server downtime shall be held against Avid Web Design & Marketing, Inc.

Software Backup: Avid Web Designs will make a full backup of all data contained within all directories of the Clients service package every 8 days, and an incremental backup daily. 14 days of data will be maintained on a rolling basis.

Avid Web Design & Marketing’s Rights: We explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Avid Web Design & Marketing’s sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of fees; posting of pornographic materials, posting of illegal materials; and other activities whether lawful or unlawful that Avid Web Design & Marketing, Inc. determines to be harmful to its other customers, operations, or reputation; or d. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Avid Web Design & Marketing, Inc. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. You agree to indemnify and hold harmless Avid Web Design & Marketing, Inc. for any complications arising out of your use of Avid Web Design & Marketing’s Web Hosting services, including actions Avid Web Design & Marketing, Inc. chooses to take to remedy your improper or illegal use of a web site hosted by Avid Web Design & Marketing, Inc. You agree you will not be entitled to a refund of any fees paid to Avid Web Design & Marketing, Inc. if, for any reason, Avid Web Design & Marketing, Inc. takes corrective action with respect to your improper or illegal use of its Web Hosting services.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All data is protected using the most advanced methods available. We do not store financial information like credit card numbers or personal information like social security numbers on this site.

If you are ready to move ahead and chart a whole new growth path for business through an impressive online representation, contact us today at 1-866-251-8827, for a no-obligation consultation, or click here for a Free Quote.

Want us To Design your next Awesome website?

We breathe imagination and innovation into your brand and never lose focus from the ultimate endgame, be it making money on the web or boosting your marketability. Please click the Free Quote button, to request a free estimate on your web design or development project, or call us at 1-866-251-8827.

OUR Partners

Here are just a few of the partners that we work with. We think it is important to partner with these companies to ensure that we provide you with the latest and greatest web development technologies in creating your projects.

Google
Bing
Yahoo
Wordpress
Geotrust Secure Certs
Thawte Secure Certs
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