Spatter's Web Design Services provides its service to you, subject to the following Terms of Service ("TOS"). Spatter's Web Design Services reserves the right to add, delete, or modify any provision of its TOS at any time without notice. You can review the most current version of the TOS at any time on our web site at http://www.spattersweb.net/.
All service fees and due dates will be made available to you for access on the web. You will also be notified of a new invoice by email. A late fee of $20 per month may be charged to any customer not paying the minimum amount due by their due date. Spatter's Web Design Services has the right to stop service to any customer based on unpaid account balances.
As part of its service, Spatter's Web Design Services sometimes provides submission of Web site information to search engines that do not require a fee for the submission. Spatter's Web Design Services does not provides submission to search engines that require a fee.
You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete, this includes, but is not limited to, payment informations. If you provide any information that is untrue, inaccurate, not current or incomplete, Spatter's Web Design Services has the right to suspend or terminate your account.
Pursuant to Spatter's Web Design Services' privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.
You understand that all information on your Web site, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Spatter's Web Design Services, are entirely responsible for all Content uploaded, posted or otherwise transmitted via the Service.
Spatter's Web Design Services as part of its service might provide copywriting for your Web site or edit the text of your Web site. You understand that even in that case, you, and not Spatter's Web Design Services, are entirely responsible for all Content. Under no circumstances will Spatter's Web Design Services be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge and agree that Spatter's Web Design Services may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Spatter's Web Design Services, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that Spatter's Web Design Services does not pre-screen Content, but that Spatter's Web Design Services and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Spatter's Web Design Services and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Spatter's Web Design Services servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation 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. Examples of unacceptable Content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
You agree to not use the Service to transmit, store or distribute any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes;" transmit, store or distribute any material that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You agree not to collect or store personal data about other users, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Spatter's Web Design Services, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Spatter's Web Design Services, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The TOS constitute the entire agreement between you and Spatter's Web Design Services and govern your use of the Service, superceding any prior agreements between you and Spatter's Web Design Services (including, but not limited to, any prior versions of the TOS). The TOS and the relationship between you and Spatter's Web Design Services shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Spatter's Web Design Services agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denton, Texas. The failure of Spatter's Web Design Services to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You understand that in case of hardware failure, some or all information about your Web site might be lost. This is despite Spatter's Web Design Services effort to regularly backup the Content of your Web site. Spatter's Web Design Services is not liable for any loss or damage arising from the lost of information.
On some websites designed by Spatter's Web Design Services, including All-in-One and Shop-in-One template sites, a small animated banner may be placed at the bottom of each page informing viewers that the page was designed, hosted, or maintained by Spatter's Web Design Services. This banner is an animated gif measuring 159 pixels wide and 38 pixels high. A text only advertisment may be used in its place if the animation distracts too much from the remainder of the site. This distinction will be made by Spatter's Web Design Services only.
Spatter's Web Design Services uses the latest technology to build your web sites. Many features are made available to you thanks to the latest technology. Our objective at Spatter's Web Design Services is to design web standard compliant web sites, as defined by the World Wide Web Consortium. Not all web browsers are web standard compliant such that the rendering of your web site might be different when viewed with different web browsers. It is expected that as the different browsers become more web standard compliant, the rendering of your web site will be more uniform.
Spatter's Web Design Services hosting accounts are allocated at the time of sign-up. Customers must pay site hosting fees on allocated web space regardless of content. Cancellations must be made before the beginnning of the billing cycle.
Adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual Content or provide links to adult Content elsewhere.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Spatter's Web Design Services' web hosting accounts are not configured for the purposes of distributing software and/or multimedia products.
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Spatter's Web Design Services will be the sole arbiter as to what constitutes a violation of the Terms of Use. Spatter's Web Design Services reserves the right to remove any account without prior notice. When Spatter's Web Design Services becomes aware of an alleged violation of its Terms of Use, Spatter's Web Design Services will initiate an investigation. During the investigation, Spatter's Web Design Services may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Spatter's Web Design Services may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Spatter's Web Design Services will notify the appropriate law enforcement authorities of such violation.