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Disclaimer &
Policies:
Please be sure that you understand and agree to all of our Policies and
Terms.
Microsoft® is a registered trademark of Microsoft
Corporation and Active Channel™, Active Desktop™ FrontPage 98, 2000 ,
2002, FrontPage 2003, Publisher 98, the Active Channel Logo, Active Desktop Logo,
Microsoft FrontPage Logo and Microsoft Internet Explorer Logo are trademarks
of Microsoft.
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Terms
For the purpose of simplification and ease of
understanding the information contained within this document we wish to
define the following. nwcustomwebs.com, northwestcustomwebs.com,
nwcustomhosting.com, nwdomains.com, will refer to itself as an entity,
NWCW, LLC Web Services. Our client(s) or client(s) refer to
individuals or entities that purchase our products or services. Our user(s)
or user(s) refers to any person or entity that uses our web content,
products or services or the web content, products or services of our
clients.
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By accessing, browsing and/or using this
Web site ("Site"), you acknowledge that you have read, understand, and agree
to be bound to these terms of service ("Terms") and to comply with all
applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY
DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE
READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, do
not use this Site. |
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Disclaimer
NWCW, in no manner a subsidiary,
partner or affiliate of Microsoft® Corporation.
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NWCW, LLC can not and will not be held liable or accountable in any manner
for any claims arising from use or any loss due to the use of any content
posted by us or our clients that are hosted through our services.
NWCW, LLC can not and will not be held liable or accountable for any
loss of data or content posted by users or clients. We will make every
effort in our power to insure that all of the following policies and rules
are followed and adhered to. |
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Policies &
Rules
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NWCW will not allow or tolerate our users or clients to post or
publish any content that contains anything that we feel is offensive,
obscene, pornographic, prejudiced, terrorist, illegal, threatening, or
against any State Law or any against any Federal Law. |
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Web site content may
not reference or contain instructions of any type on how to produce any
illegal instrument of destruction or controlled substance. In other words no
instructions for making bombs, silencers, illegal drugs, chemical warfare
devices and etc.
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NWCW will not
allow or tolerate our users or clients to harass, insult or abuse our
employees, affiliates or contract services in anyway.
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Web site content may
not contain any unlicensed software, graphics or materials of any type or
that is not legally copyrighted by the web site owner or not considered to
be public domain, unless otherwise authorized by the copyright owner. In
other words we will not allow pirating of any materials or software.
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Any violations of the
above mentioned rules will constitute in the removal of offending content or
the complete site without any prior notice to the web site owner, clients
and/or users until such violations are corrected and approved by
NWCW.
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NWCW reserves the right to refuse service to anyone at any time for
any reason. We will not discriminate against anyone because of race, creed,
color, religious beliefs, age, gender or any other reason that is provided
within the scope of Federal Law or the Laws of the State of Washington
concerning discrimination.
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Our prices are subject to change at
any time and without any prior notice. |
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Excess disk
space charges are $5.00 per 15mb per month based on the 4th highest daily
total in a calendar month. Excess fees are assessed monthly on or
about the first day of the month, or periodically during the month in the
event overage is excessive.
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NWCW reserves the right to publish its list of clients. By request,
clients may ask to be removed for purposes of security or private reasons.
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NWCW reserves the right to host, design or market any company,
business or person that meets our policies.
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NWCW reserves the
right to refuse services to anyone or business discriminating against any of
its employees.
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NWCW will purchase domains for web design and hosting clients,
however will be the property of NWCW till funds are verified.
Credit card clients must wait 6 months from the purchase date before
release. Domains will not be released in the event of non payment or
default of funds on a account and will remain the property of NWCW. Clients will be responsible to renew Domains purchased
and released to clients after 1 year. It is also the responsibility of
the client to request transfers and renewals to NWCW
once they qualify to the above policy.
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Any applicable setup fees and especially
those intended for Internic registration are not refundable for any reason.
This is because these fees are charged to our account by our provider and
they do not offer refunds once the account has actually been submitted to
Internic.
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If our rates should decrease, active site
rates will also decrease effective from the date of the price reduction on.
Decreases in prices will be credited to the following billing cycle and are
not refundable as a monetary refund.
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Discount specials are non refundable.
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Web design projects require a deposit and
signed paperwork before work can begin. |
Payment with credit cards will require a
signature card that must be signed and returned before project can be
started or completed.
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The only exception to the above will be
design fees. Should our design fees be lowered, the amount originally paid
will be final. In other words, if you buy web design today and we later
lower our design fees for the same design you will not receive credit for
the design fees paid.
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Our setup fee is not
refundable for any reason once the domain name has been submitted to
Internic for registration. This registration process is subject to begin
immediately after you place an order. So please be sure that this is what
you wish to do prior to placing an order with us.
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Children and people of
all races, cultures, religions and mental capacities will be surfing the
content contained within these web sites. Do not make it offensive or
dangerous for them or we will shut you down!
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Resellers must also follow and agree with the following
policies
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Any account that becomes 30 days behind in
funding will be contacted for collection, accounts past 60 days will be shut
down. Special arrangements or terms may be requested and agreed to by
NWCW administration. Accounts showing a pattern of late
payments will be stopped after the 30 day mark.
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In the event of default of account, NWCW will retain ownership of all software, domains or files.
Use of collection agencies and credit reporting will also be exercised.
Current site will be shut down as collection processes are activated.
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Design accounts; NWCW reserves the
right to refuse adding products, services or listings to sites that have
there own business subject. Example, products to benefit an outside
business or a real estate listing that does not support the agents office or
region.
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Sites designed or rebuild by NWCW will contain our logo and contact information on the main page.
This information will be placed in a low position on the main page, so not
to interfere with the web purpose.
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There will be no
refunds of services for sites or content that are removed for violations of
the above rules, policies and terms.
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In the event of any security concerns
discovered by NWCW will constitute an immediate shutdown until
clarification or removal of event is settled to the satisfaction of our
staff.
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In connection with your use
of your hosting or design site, you agree you will not:
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a) Transmit any message, information, data, text, software or
images, or other content ("Material") that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable that may invade another's right of
privacy or publicity;
b) Impersonate any person or entity, including but not
limited to, an NWCW official, forum leader, guide or host or falsely state or
otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a
right to reproduce, display or transmit under any law or under contractual
or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or
corrupted data;
e) Delete any author attributions, legal notices or
proprietary designations or labels that you upload to any communication
feature;
f) Use the Site’s communication features in a manner that
adversely affects the availability of its resources to other users (e.g.,
excessive shouting, use of all caps, or flooding continuous posting of
repetitive text);
g) Post or transmit any unsolicited advertising,
promotional materials, "junk mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or
international law;
i) Upload or transmit any Material
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
j) Delete or revise any Material posted by any other
person or entity;
k) Manipulate or otherwise display the Site by using
framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any party for any NWCW
product or service if you are not expressly authorized by such party to do
so.
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Cart 32 Shopping
Carts/Custom Carts: |
In the event a client has decided to
move their account to another server with a custom shopping cart/Cart32
Shopping cart. NWCW will copy all files created for the client
and copy to CD or allow client to FTP files to their new server. The
client will have to purchase a full version of MIVA in order to maintain
those files. Custom shopping carts and Cart32 Carts are no longer the
responsibility of NWCW once removed from our servers. The new
hosting company, or programmer/designer must have the knowledge and software
to maintain such files.
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Sharepoint Services:
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NWCW
cannot guarantee full functionality demonstrated by Microsoft due to
security reasons. NWCW will also not be responsible for any loss of
data to any SharePoint Services, but will do its best to recover data if
available form weekly backups.
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Web Design funding
procedures and process:
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The instructions below
are a guide to help the process flow from beginning to end. This covers the
funding process first than the development process second.
Funding Process:
NWCW has the
advantage of having a large cliental to allow us to keep our prices within a
common sense range. We have two main charges, the setup and the monthly
maintenance fee.
Setup fee:
To start a project, we require 40% of the setup fee to begin, then another
40% when the site moves to content and the remainder when the site is ready
for marketing. We never use the word “Complete” as a term for final
payment, since a website is never complete.
Maintenance Fee: The maintenance fee normally starts one month after the site is
started. This covers hosting, email, changes, updates and submission
services. Not all services start right away, however the full fee will be
effective.
Redesign
Sites:
The full set-up fee is required for re-design development.
Start Up:
To get started,
NWCW must have
all business information and deposit in place. Once that data is recorded,
the next step is setting up the domain, hosting and email systems.
Next is the Graphics
Interview. This process requires working with a graphics designer to
develop the look and feel of your site. When the graphics are approved by
you, the site then moves to Content. Our content team will work with
you to install text, internal pictures and form development. They will also
work with you for Meta Tag data to install on your home page to help the
search engines find your new site. Then the site moves to Marketing.
The site will begin the process of submission services, telling the Search
Engine World that your site exists.
Updates:
Most sites are never complete. Meaning they
need updates and content changes throughout their lifetime. This is your
maintenance package. Only changes like streaming, programming, flash and
large graphic requirement may require extra funding.
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Web Design Bids:
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Web design bids provided by
NWCW are not contracts. Bids can be higher or lower than the
original bid, based on frequency of change, request for extra graphic, or
addition of programming requirements.
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All projects are not measured by
completion and remaining funds due to
NWCW are due within a
normal 30 day billing cycle, unless special arrangements have been
requested. Priority of work load is determined by percentage of
funding.
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Transfer of domain and domains:
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NWCW defines transfer
of domains as complete movement to our domain manager, changing only the DNS nameserver, or allowing a 3rd party company to change the DNS nameserver to
point to our servers. Domains purchased prior to our services are
totally the responsibility of its owner.
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Clients are always responsible for for their
domain to insure contact data is correct or is renewed. NWCW will
not be responsible for renewal or loss of domains.
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Account Changes:
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In the event that an client chooses
to change their account from web design to web hosting, all prior funding
must be cleared before account will be released to client. Client must
also setup funding to be one month ahead prior to release to outside
uploading source.
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NWCW also will require
a signed written release from account holder approving new webmaster as
uploading person or company. NWCW also requires
Accounting/Business information about person and or company uploading to our
servers before release.
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Software Request:
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NWCW will not grand administrative rights to anyone on our servers.
Any requested software (Web boards, dll’s, shopping carts, etc.) must be
supplied to our server technician to evaluate and test on a test server.
There is an associated cost for this request with no refund, even if the
software is rejected. Our highest concern is security and
stability of our servers.
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NWCW will be the sole arbitrator in settling any disputes or
grievances arising from non compliance with the above terms and policies.
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Verbal or written agreement to do
business with NWCW says you are in agreement with the above
policies and disclaimers.
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Submissions & Marketing programs:
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NWCW cannot guarantee web site
ratings once a site has been submitted to the search engines. We
cannot control any spam mail that may occur from web submissions. |
Web promotion advertising cannot guarantee
increased sales or services. It is designed to bring site traffic
only. A clients prices, service and products maybe a factor.
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Web promotional advertising must be paid in
advance in order to create internet advertising accounts to support the
program.
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Monthly charges to support web promotional
advertising may be required based on the business subject or requirements of
the client. This new price will be agreed to by both parties before
changed. |
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YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. NWCW PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND NWCW SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU
UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH
MATERIALS AT YOUR RISK. NWCW HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
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LIMITATION OF LIABILITY
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IN NO EVENT WILL NWCW BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF NWCW OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NWCW'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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Indemnification and
Reservation of Rights.
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You agree to indemnify, defend and hold
harmless NWCW, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Site from and
against all losses, expenses, damages and costs, including attorneys' fees,
resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or your use and access of the Site.
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NWCW reserves the right to release current or
past member or Web site user information if NWCW believes that a member’s
account is being used to commit unlawful acts, if the information is
subpoenaed and/or if NWCW deems it necessary and/or appropriate.
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Dealings with Third
Parties.
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Your participation, correspondence or business
dealings with any third party found on or through the Site, regarding the
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such third party. You agree that NWCW shall not be
responsible or liable for any loss, damage or other matters of any sort
incurred as the result of any such dealings. |
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