Terms of Service and Refund Policy.....
Web Hosting :: Web Services/Development
Web Hosting
Content:
All services provided by ScottcrewWebServices.com and/or Scottcrew Enterprises LLC 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, material that is
threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue.
The subscriber agrees to indemnify and hold harmless ScottcrewWebServices.com and/or Scottcrew Enterprises LLC from any claims
resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links
to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be
damaging to our servers or any other server on the internet. Links to such materials are also prohibited and
accounts will be terminated without notice. ScottcrewWebServices.com and/or Scottcrew Enterprises LLC will be the sole
arbiter as to what constitutes a violation of this provision.
Following are examples of non-acceptable content or links:
IRC:
We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.
CGI / PHP Scripts:
Each ScottcrewWebServices.com account comes fully equipped to handle cgi and perl scripts from any directory in
your hosted area. There is also a standard cgi-bin for higher script security and it is recommended that you
place your scripts there whenever possible . Any CGI or PHP scripts deemed to be adversely affecting the server
performance or the network integrity may be shut down without prior notice. CGI / PHP script sharing with domains
not hosted by Scottcrew Enterprises LLC and/or scottcrewwebservices.com is not allowed. Bulk PHP mailers are also
prohibited and if found on account can result in closure of account.
Server Resources:
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage,
and network resources) can be suspended without notice, and then may be given an option of either upgrading
their service level or reducing the resource used to an acceptable level. If an account dominates 20% or more
of a servers resources at any point in time, then the account will be suspended.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through ScottcrewWebServices.com and/or Scottcrew Enterprises LLC's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Scottcrew Enterprises LLC and/or ScottcrewWebServices.com Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Scottcrew Enterprises LLC and/or ScottcrewWebServices.com Network. If you use a domain name in connection with the Scottcrew Enterprises LLC and/or ScottcrewWebServices.com Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security:
Customers may not use the ScottcrewWebServices.com and/or Scottcrew Enterprises LLC Network with an attempt to
circumvent user authentication or security of any host, network, or account. This includes, but is not limited to,
accessing data not intended for the customer, logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security of other networks in search of weakness, or
violation of any other organization's security policy. Customers may not attempt to interfere or deny service
to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate
attempts to overload or crash a host or network. Scottcrew Enterprises LLC and ScottcrewWebServices.com will
cooperate fully with investigations of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who
violate system or network security may incur criminal or civil liability.
Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service:
ScottcrewWebServices.com and/or Scottcrew Enterprises LLC reserves the right at its sole discretion to refuse
or cancel service. Violation of any of ScottcrewWebServices.com and/or Scottcrew Enterprises LLC's Rules and Regulations
could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations
will not be refunded.
Payment:
Establishment of this service is contingent upon receipt of payment from Customer to Scottcrew Enterprises LLC.
Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests
all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary
hosting account, will be prorated to the primary hosting account's monthly or annual recurring billing date, along
the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring
billing cycle, or is annual: months remaining /12. Any setup fees will be charged full setup fee pricing, and are
applied at time of initial request of such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of month or year if annual.
Credit cards that are declined for any reason are subject to a $15.00 declination fee.
Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is
subject to a reconnect charge (in addition to late fees): $25.00 for hosting accounts. Accounts not paid within
7 days of the due date are subject to a $9.95 late fee. Accounts that are not collectable by
ScottcrewWebServices.com and/or Scottcrew Enterprises LLC will be turned over to an outside agency for collection.
If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of
not less than Seventy-Five ($75.00) nor more than Two Hundred ($250.00)
Delinquent Accounts:
ScottcrewWebServices.com and/or Scottcrew Enterprises LLC may temporarily deny service or terminate this
Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve
Customer of responsibility for the payment of all accrued service fees, or any collection fees.
Transfer of Service / Dropping useage of primary Domain Name:
Accounts transferring service to another host may not transfer hosting to another domain name.
Useage of site as an IP address only is not allowed (ie: with no domain name associated with site).
Account must be closed and re-purchased. However, at ScottcrewWebServices.com and/or Scottcrew Enterprises LLC's
sole descretion, original accounts may be transferred to another primary domain name only upon written
approval and receipt of a $75 transfer/setup fee.
Spam Or Unsolicited E-Mail:
You must not use the ScottcrewWebServices.com and/or Scottcrew Enterprises LLC Network, ScottcrewWebServices.com and/or
Scottcrew Enterprises LLC equipment or any ScottcrewWebServices.com and/or Scottcrew Enterprises LLC email address
in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages.
Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.
This prohibition extends to the sending of unsolicited mass mailings from another service that in any way
implicates the use of the ScottcrewWebServices.com and/or Scottcrew Enterprises LLC Network,
ScottcrewWebServices.com and/or Scottcrew Enterprises LLC equipment or any ScottcrewWebServices.com and/or
Scottcrew Enterprises LLC email address. A message is considered unsolicited if it is posted in violation of a
newsgroup charter or if it is sent to a recipient who has not requested or invited the message.
For purposes of this provision, merely making one's email address accessible to the public will not constitute a
request or invitation to receive messages.
If you are found to have spammed, without warning, ScottcrewWebServices.com and/or Scottcrew Enterprises LLC
reserves the right to disable your domain. In addition, ScottcrewWebServices.com and/or Scottcrew Enterprises LLC
may impose a $750 (US) penalty for each spam policy violation. ScottcrewWebServices.com solely reserves the right
to refuse or cancel service to known spammers. Lastly, ScottcrewWebServices.com and/or Scottcrew Enterprises LLC
reserves the right to determine what violates this policy. As such, any violation may result in cancellation of
services without refund.
As such, any violation will result in immediate deactivation of services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, swear at, or cause harm to a ScottcrewWebServices.com and/or
Scottcrew Enterprises LLC server, customer, employee, or the parent company (Scottcrew Enterprises LLC) directly or
indirectly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will
pursue any and all attempts to the fullest extent of the law.
Refunds:
If account is terminated by client (you) a pro-rated refund will be given for unused portion of hosting term.
If account is terminated, deactivated and/or suspended by ScottcrewWebServices.com and/or Scottcrew Enterprises LLC
for violation of these terms of service and useage policies, no refund will be given at all.
No refunds given on domain name registration fees, extra bandwidth charges, Virtual Servers, and other
Resold Accounts/Services. No refunds given for additional bandwidth charges, extra add-on
hosting services, web design, managed cart services, domain registrations, and/or other fees incurred during hosting.
If a balance is due at time of refund, balance due will be subtracted before refund is given.
Cancellation of a hosting account can be made using our cancellation form.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Scottcrew Enterprises LLC harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against
Scottcrew Enterprises LLC, its agents, its customers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless Scottcrew Enterprises LLC against liabilities arising
out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with
Scottcrew Enterprises LLC server; (2) any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of
Scottcrew Enterprises LLC to the amount paid for service.
Disclaimer:
Scottcrew Enterprises LLC will not be responsible for any damages your business may suffer.
Scottcrew Enterprises LLC makes no warranties of any kind, expressed or implied for services we provide.
Scottcrew Enterprises LLC disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by Scottcrew Enterprises LLC, it's vendors, and its employees. Scottcrew Enterprises LLC
reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions
may result in account deactivation.
Scottcrew Enterprises LLC furthermore expects that its customers who provide Internet services to others will
fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to
comply with those laws will violate this policy. Finally, Scottcrew Enterprises LLC wishes to emphasize that in
accepting services, customers indemnify Scottcrew Enterprises LLC for the violation of any law or
Scottcrew Enterprises LLC policy, that results in loss to Scottcrew Enterprises LLC or the bringing of any
claim against Scottcrew Enterprises LLC. This means that if Scottcrew Enterprises LLC is sued because of
activities of the customer that violate any law, or this policy, the customer will pay any damages awarded
against Scottcrew Enterprises LLC, plus costs and reasonable attorneys' fees.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
Scottcrew Enterprises LLC reserves the right to change, edit, or update the policies contained in this document
at any time for any reason without notice.
Web Services/Development
Web services and/or development generally is a compilation of a developer's time and labor on a job and is not
connected to any product, software, script, etc. Therefore, a non-refundable deposit amount of 50% is due at
the time of the order being placed or quote being accepted by customer which is termed as being the "agreement".
In the event of cancellation or request to stop service of any web design or development agreement,
customer is entitled to a refund of any fees paid, minus the deposit and any fees already incurred between the
time of deposit and the time of cancellation. These fees are based on our hourly rate for the services incurred
(see our website for pricing details). Web service cancellation refunds will be processed and delivered within
10 business days of the cancellation date. Web design and development agreements may be cancelled at any time
by contacting us using our cancellation form.
Absolutely no refunds will be made once development is completed and we are authorized to charge customer's credit card, or
customer has paid for our services by any other means, for the balance due of services rendered.
We do not guarantee the performance of any 3rd party scripts or software that is installed or configured by
ScottcrewWebServices.com and/or Scottcrew Enterprises LLC. If after customer verifies site is working and authorizes
final payment, any additional services performed on customer's site to correct any errors or make futher improvements
to the site will be considered a new project and not be tied to the initial installation or configuration of
the 3rd party script. It will be at the sole discretion of ScottcrewWebServices.com and/or Scottcrew Enterprises LLC
as to whether additional charges for further delevopment will be incurred by customer. No refunds will be given for the following:
AgoraCart setup and integration service is up to 100 products submitted to us for inclusion in the shopping cart at the
onset of the service and in an electronic format. EG: excel spreadsheet, text or word document, flat text file, tab delimited file, etc.
All product images are client's responsibility. Product image manipulation will be charge at our standard hourly rate.
Memberships/Licensing:
Memberships/Licensing fees for AgoraCart Lifetime/Premier and/or Booster Pack
for desired features in customer's AgoraCart are a donation to the AgoraCart project. In return, customer is granted
access to member only files/upgrades for the duration of the membership customer has purchased. Booster Pack is an annually
renewing membership. Membership/licensing is not a guarantee and/or warranty as to the fitness or reliability of the
Gold version of AgoraCart (formerly the Pro version). Nor is membership/licensing a promise of support for AgoraCart and/or
Agoracart Gold nor any of it's components, features and/or add-ons. No technical support, warranty, and/or
guarantee is offered whatsoever with membership/licensing. All policies connected to and set forth by AgoraCart and/or K-Factor Tech.
still apply and customer must adhere to those polices as set forth by AgoraCart and/or K-Factor Tech.
This same policy applies to any 3rd party script/software/membership/licensing that is purchased on behalf of the customer.
Terms of service subject to change at any time.