|
| |
|
| Terms & Conditions for a client to be able to use Galan Design Sitebuilder
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Galan Design, (the "Services"). As used in this Agreement, "Galan Design means galanit.com, and "Client", "you", or "your" means you. By clicking on the submit button on either the "Free Trial" or "Order Now" forms on the Galan Design (galanit.com) Site you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Galan Design (galanit.com) site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Galan Design (galanitcom) Site" refers to the Site located at the URL http://www.galanit.com, or any other successor Sites owned or maintained by Galan Design (galanit.com).
1. APPROPRIATE USE OF THE SERVICES:
Galan Design (galanit.com) provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any galanit.com server in connection with Client's use of the Services which:
-Violate any state, federal or foreign laws or regulations;
-Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Galan Design (galanit.com) or any third party;
-Are defamatory, slanderous or trade libelous;
-Are threatening or harassing;
-Are discriminatory based on gender, race, age or promotes hate;
-Violate any Galan Design (galanit.com) policy posted on the Galan Desing (galanit.com) Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), (SPAM) Policy, and CGI Abuse Policy.
-Contain viruses or other computer programming defects which result in damage to Galan Design (galanit.com) or any third party.
Bandwidth. Client may occupy only the amount of disk space on the Galan Design (galanit.com) Server and utilize no more than the network bandwidth that is allotted by Galan Design (galanit.com). Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
No "ADULT CONTENT". Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Galan Design (galanit.com) has been forced to create its no adult sites policy for its virtual server users.
What constitutes "Adult Material?" Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Revenue-generating hyperlinks to sites who violate policy #1.
No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Galan Design (galanit.com), or otherwise, that mentions or reference any domain hosted on Galan Design (galanit.com) servers or parked on Galan Design (galanit.com) DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. Offenders will be removed.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Galan Design (galanit.com); however, Galan Design (galanit.com) does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Parallels Plesk hold the Sitebuilder design software on dual raid servers and you the client acknowledge that in the unlikely event of a catastrophic failure that you will need to completely rebuild your website and therefore should have made your own regular backups for this purpose should this event happen and by having the said backup you will have access to a working website until your rebuild is complete.
Termination. Galan Design (galanit.com) reserves the right to refuse service to anyone. Galan Design (galanit.com), in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing.
2. PAYMENT OBLIGATIONS:
Service Fees. All charges payable by Clients for the Services shall be in accordance with the scale of charges and rates published by Galan Design (galanit.com) and shall be due and payable in advance. Galan Design(galanit.com) reserves the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. Payment is due each anniversary month, quarter, half yearly or year following the date the Services were established until closure notice is given. When an invoice is delivered to Client, Client shall remit payment to Galan Design (galanit.com) by no later than 10 days after the specified payment due date. Galan Design (galanit.com) shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Galan Design (galanit.com). All payments must be in Australian Dollars.
3. CLIENT LIABILITY AND INDEMNIFICATION:
The parties agree that in no event shall Galan Design (galanit.com) be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Galan Design (galanit.com) from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERMINATION:
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified. Client will give 2 weeks notice where an account is to be terminated.
5. TAXES:
Client will pay and indemnify and hold Galan Design (galanit.com) harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY:
THE SERVICES, THE Galan Design (galanit.com) SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Galan Design (galanit.com) SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Galan Design (galanit.com) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Galan Design (galanit.com) SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY:
IN NO EVENT SHALL Galan Design (galanit.com) BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Galan Design (galanit.com) SITE OR ANY Galan Design (galanit.com) PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Galan Design (galanit.com)) CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 AUSTRALIAN). e |
|
| |
