Infinity Website Design
Terms & Conditions Agreement

This agreement is between Infinity Website Design (PROVIDER) and the party as specified in the on-line Paypal® payment and/or the party who hired the services (online and/or offline) of Infinity Website Design (CLIENT).

1. Design Terms and Conditions
2. Hosting Terms and Conditions
3. Marketing Guaranteed Visitors Terms and Conditions
4. Marketing Search Engine Submission Terms and Conditions
5. Online - Remote Technical Assistance and/or Support Terms and Conditions

Infinity Website Design - Design Terms and Conditions

1.    Website Design, Business Card, Flyer, Logo Design, Software Development Services, and/or Any Design Services Provided by PROVIDER. This agreement covers the web design, software development, website services, web hosting, web maintenance services, and any design related matter related to the PROVIDER’s company and with relation of the involved party (CLIENT).

2.    Professional design services (flat fee). Includes any plan offered by PROVIDER available at www.InfinityWebsiteDesign.com Those are services based on packages. CLIENT has the right to choose from the design packages on non-exclusive basis offered or presented by PROVIDER. The design service includes customization of the website with client’s name, logo, text, images and/or colors.

3.   Limitations. There are certain limits to each package. Those include number of pages, number of items in the shopping cart, etc. PROVIDER has explained the terms and listed the limitations at his website. CLIENT agrees to abide by those limitations. CLIENT agrees to pay additional fee if he chooses to exceed such limitations. PROVIDER will charge for extra work requested by CLIENT only with CLIENT’s approval.

4.   Custom design. CLIENT understands that design is not exact science and that results may vary. CLIENT trusts PROVIDER based on his own research, review of previous work, etc.

5.   Per hour charge. The hourly rates are listed at the web site. Some custom work carries minimal hours. CLIENT will be responsible for the payment of the hourly fees. Estimates may not be accurate. CLIENT pays per actual hours not per estimate. CLIENT may set limits and the work will stop when the limit is reached.

6.   "Add on". PROVIDER offers a number of standard “add on” features at flat rate. CLIENT agrees to pay such flat rate for the feature. If client requires additional features he agrees to pay for the extras.

7.   Ownership. License to use. PROVIDER grants to CLIENT one license to use any of the aforementioned products including but not limited to professional designs, custom designs, add on products, software, e-commerce stores, data base designs, etc. One license means installation at one domain for the design and installation and use of one instance of the software.

8.   Maintenance. PROVIDER is offering and CLIENT has the option to subscribe for web site maintenance services. Maintenance plans vary depending on the needs of the CLIENT. Maintenance service plans will NOT rollover for any unused time.

9.   Infinity Website Design logo placement. CLIENT agrees the text and link “Contact the webmaster at Infinity Website Design” to be placed at the bottom of  the website designed by PROVIDER.

10.  Copyright. CLIENT is the copyright owner of the content (text, pictures etc.) unless CLIENT uses someone else’s copyrights with permission.

11.  On-line subscription. If CLIENT makes an on-line, paperless subscription for the services. CLIENT acknowledges that all the information he submits on-line is true and correct to the best of his knowledge. CLIENT agrees that the act of submitting his subscription and/or requesting service on-line is equivalent to his/her signature.

12.  Price change. PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons. Price changes must be mutually agreed.

13.  Start of services. Services will typically start on the next business day after CLIENT submits all the website content.

14.  Content submission. PROVIDER will accept every reasonable communication like e-mail, Postal Service, etc. Human coordinator is available to CLIENT 8 hours per day, 5 days a week to facilitate the content submission. It is CLIENT’s responsibility to provide all the content in a timely manner.

15.  Quality of Services. PROVIDER will apply the best efforts to provide the best possible quality.

16.  Fees. All currencies US Dollars. CLIENT agrees to pay for the services and fees as specified at www.InfinityWebsiteDesign.com CLIENT agrees to pay the full website project costs as specified on www.InfinityWebsiteDesign.com

17.  Delivery. PROVIDER will deliver (install) the design to a valid web address. (Printouts: Local Pick up only, Printouts may take up to 14 business days to be ready. Colors may be vary in printouts. After your design has been sent to printing, changes mean a new order.)

18.  Turnaround Timeframes. Turnaround time frames are only estimates. Some design projects may be ready either sooner or later than estimated turnaround timeframes. Both parties, PROVIDER and CLIENT should act at their best performance and at their best willingness to achieve accurate turnaround timeframes.

19.  Web hosting and Domain services. CLIENT understands and agrees that he has to have active web hosting and domain name in order to be able to accommodate the website on-line.

20.  Acceptance and acceptance by default. CLIENT agrees to accept the design within 10 business days after the notification of delivery. If client does not respond to inquiry for acceptance within 10 business days the work will be considered done and accepted by default.

21.  Termination. This agreement is terminated upon the acceptance of the design work by the CLIENT, however the obligations of client to pay remain after the termination of this agreement until all fees due are paid in full.

22.  Payments. CLIENT agrees to pay for Website Design Packages 50% of the project price to start and the reminder 50% to finish and get the project delivered. CLIENT agrees to pay upfront for all “flat fee” services and upon receiving of invoice for all hourly bills. Monthly charges are due upfront for the first payment and on the account anniversary date each month thereafter until the expiration of the payment term.

23.  Late Payment OR Not Sufficient Funds Payments. CLIENT agrees to pay additional late fee of 15% per month or the maximum permitted by the law of the amount due and non paid. A Non Sufficient Funds payment will incur in a charge of $20.00 or the maximum permitted by the law whichever higher.

24.  No refunds. By the nature of the business, PROVIDER will not refund collected fees.

25.  Collections. PROVIDER has the right to disable CLIENT’s website and to block the transfer of web content, software and/or domain name in order to collect money owed from CLIENT to PROVIDER. PROVIDER has the right to charge CLIENT depending on the chosen plan CLIENT did for the website project.

26.  No solicitation. CLIENT agrees not to approach PROVIDER's employees with proposals to hire them as his own employees or contractors. If CLIENT were to hire any of PROVIDER's employees, CLIENT agrees to pay PROVIDER for each employee thus hired customary fees charged by top employment agencies plus 30% surcharge.

27. LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS CONTENT AND ANY CONSEQUENCES OF THIS USAGE.

28.  Indemnification. CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the website design and other services provided by PROVIDER to the CLIENT.

29.  Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.

30.  Modification. This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.

31.  Waiver. Performance of any obligation required of a party hereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.

32.  Severability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.

33.  Governing Law. This Agreement was entered into in the State of Florida, USA and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Florida applicable to contracts entered into and performed entirely within the State of Florida, USA.

34.  Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.

35.  Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.

36.  Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.

37.  No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-a-vis one another.

38.  No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.

39.  Excused Performances. PROVIDER shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond PROVIDER's reasonable control. In the event of any such delay or failure, performance of the services shall be deferred to a date and time mutually agreeable by the parties.

40.  Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

41.  Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.

42.  Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.

43.  Recitals. The recitals above set forth are incorporated herein by reference.

44.  Arbitration. Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Kissimmee, Florida, USA and under the rules of the American Arbitration Association.

Infinity Website Design - Hosting Terms and Conditions

1. Length of contract
   Your contract runs for the term you have purchased the hosting service (annually, monthly, etc) from the date you first ordered.
    

2. Server abuse
   Any attempt to undermine or cause harm to a server, or customer, of Infinity Website Design is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.
    

3. The content of your web site
   All services provided by Infinity Website Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, or any International laws is prohibited.
   The following list is not exhaustive, but it will indicate the sort of material you are not permitted to host:

• Copyright material.

• MP3 files containing copyright music, unless you created the music yourself and/or own the copyright.

• Material we judge to be threatening or obscene.

• Material protected by trade secret and other statute.

• Pornography and sex-related merchandising, including sites that link to such content.

• Pirated software, also known as warez.

• Hacker programs or archives, including sites that link to such content.

• Hate propaganda.

• Products designed to defraud others, e.g. satellite hacking equipment.

• Promotion of illegal activities.

• Content that may be damaging to our servers or any other server on the internet.

• Web sites promoted by spam or involved in spamming or selling spam related software or bulk email lists.

• IRC or IRC bots.

• As delegated by our upstream providers, any sites using spam or selling of spam related software or bulk email content will be closed. 

• If you spam, we will see you doing it, your account will be terminated and you will not get a refund.

• Provide hosting for third parties, unless you have a proper reseller account.

• Link to cgi scripts running on your account from other domains (e.g. banner exchanges).

• Use more than 10% of system resources on the server.

• We do not allow clients to install their own cgi or php chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. However, we provide chat systems which you may use free of charge.

• Bulletin boards are permitted, provided they stay within the 10% server usage limit explained above.

• We allow you (subject to a suitable hosting plan) to run programs to run continually in the background (cron jobs). However, these must not overload the server or affect other users sites.

• If you go over any of the limits described above we will suspend your account and contact you to resolve the situation. We may offer dedicated server hosting for an additional charge. If you do not move to a dedicated server or reduce your system usage we will terminate your account to protect other customers.

• The webmail part of PHP nuke or any of its derivatives as this allows anyone to send out email and will be abused by spammers.

• Formmail.pl from Matts Script archive. We have a secure version already installed on our servers, use it instead.

• Formmail.php. Use the secure formmail.cgi which we have already installed on the server.

7. Bandwidth usage
   Each hosting plan Infinity Website Design provides has a set amount of bandwidth available per month. We monitor this usage and if your site goes over the limit it will be suspended until the second day of the next month. If you do not wish to wait until the next month you can upgrade your hosting plan to one with more bandwidth. If you are concerned about going over your limit you should check your bandwidth usage in the control panel in the middle of the month and contact us if you think you will go over.
   

8. IP Addresses and DNS delegation
   We provide IP address information in your welcome email. This is provided to allow access to the web site and control panel until the domain name has been transferred to our DNS servers. Customers are not permitted to link to their site or address via an IP address based link once the transfer is complete. This is for your own safety as it prevents links becoming out dated if we change your IP address. All customers must change their domain names' DNS servers to those specified on their welcome email. We do not permit customers to use external DNS management tools because of the likelihood of failure if we change an IP address. If you decide to use an external DNS service then you agree to absolve Infinity Website Design of all liability should your site fail due to DNS errors or the IP address changing at a later date. All IP addresses remain the property of Infinity Website Design or its upstream providers and are provided according to ARIN and RIPE rules and only when required for technical reasons.
   

9. DNS modifications
   We do not provide DNS management services. If you require changes to DNS records (A, MX etc) we will do our best to carry them out but we cannot provide a warranty that the changes will continue to work in the future.

Infinity Website Design Marketing
Search Engine Submission and/or Optimization Terms and Conditions

1. AGREEMENT. In this Terms & Conditions Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Infinity Website Design.

2. PRODUCT ORDERED. You agree that the product you are ordering from us are potential search engine, directory & FFA submissions. You also agree that we cannot guarantee placement within these search engines, only that we will attempt to submit your website to them.

3. DETAILS OF OPTIMIZATION PROCESS. (1) We will research for the best possible keywords for your website. (2) You will provide us the files and/or web page files to be optimized (it will be your option to allow us access directly to your server files and modify them only for Search Engine and Keyword optimization purposes). (3) We will provide you with optimized pages and/or files to be placed in your server and/or hosting space. (4) Once this files and/or webpages are on place and ready for submission we will proceed with that process.

4. DETAILS OF SUBMISSION PROCESS. (1) We will select the amount of search engines (including ffa sites) that you ordered (or more) for potential submission. (2) Due to the nature or the location of your company, not all search engines / ffa sites will accept our submission for your site. (3) You agree that the actual number of search engines / ffa sites which will accept your website for submission will be either greater than, equal to or less than the actual amount that you ordered. (4) Example: Bob Smith orders a website submission package from us for 1000 search engines. We then take his order, and mark off over 1000 search engines/ffa sites for his site to be submitted to. We start the submission, and it ends up that 920 of those 1000+ search engines/ffa sites accepted his submission. This is a satisfactory submission.

5. FEES. As consideration for the services you have selected, you agree to pay to us the applicable service(s) fees.

6. REFUND POLICY. You agree that all sales are final and no refunds will be granted except in the following case: If we do not perform submissions on your behalf.

7. TERM. You agree that the submission service we provide is one time only, unless specifically stated in your particular order.

8. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because in some countries and states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed Fifty ($50.00) American Dollars.

9. NO GUARANTY. You agree that, by ordering the amount of submission you did, not all submissions will be accepted due to the content and location of your site, or external rules applied for different Search Engines, FFAs, and/or Networks. Due to the fact that we do not control the Search Engine's databases, we do not guarantee first positions in Search Engine Results.

10. DISCLAIMER OF WARRANTIES. You agree that your use of our service is solely at your own risk. You agree that such Service is provided on an "as is" basis.

11. INFANCY. You attest that you are of legal age to enter into this Agreement.

12. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Infinity Website Design Marketing - Guaranteed Visitors Terms and Conditions

This Agreement shall govern participation in the Infinity Website Design Guaranteed Visitors program ("Guaranteed Visitors"). By participating in the Program, you are agreeing to be bound by these Terms and Conditions. The term 'customer' shall refer to the party hiring the services of Infinity Website Design.

PAYMENT:
All customers are required to pay one-hundred (100%) percent of the cost of the campaign before its activation. Infinity Website Design reserves the right to set and negotiate specific payment terms.

Participation:

Infinity Website Design shall have absolute discretion as to whether or not it accepts a particular customer or site for participation in the Network

1. Infinity Website Design will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience. The following are examples (including but not limited to) of the type of sites we will not deliver visitors to:

• Sites with pornography, adult content, sexual or erotic material or sites that contain links to such content
  

• Sites containing or linking to software piracy
  

• Sites containing or linking to any form of illegal activity (i.e., how to build a bomb, hacking, 'phreaking', etc.)
  

• Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
  

• Sites promoting any type of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
  

• Sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
  

• Sites promoting any type of illegal substance or activity sites with illegal, false or deceptive investment advice and money-making opportunities
  

• Sites with any type of content reasonable public consensus deems to be improper or inappropriate

2. Your Advertisement Page can not contain any other popup windows. Any additional window generated by your site shall be considered a popup window, including popups, pop-behinds, or exit popups windows. If a popup window is installed on the URL at any time, Infinity Website Design may stop the campaign and you will not be entitled to a refund.

3. Your Advertisement Page can not have background music or sounds

4. Your Advertisement Page can not contain scripts that alter users browser settings

5. Your Advertisement Page can not contain any frame breaking codes.

6. To insure compliance with these terms and conditions, any Customers that change their content after approval for membership MUST notify Infinity Website Design of the changes in writing IMMEDIATELY. If your site is changed during the campaign such that it includes inappropriate content, Infinity Website Design may stop your campaign immediately. In this case, you will not be entitled to a refund.

Data Reporting (Stats): All Campaigns purchased on the Network are served, tracked and reported by Trafficserverstats and http://r18.trafficserverstats.com. In the event of a discrepancy, Infinity Website Design and/or our third part data will have final authority and Infinity Website Design will not accept reports from any free tracking service, hit counter, or other service that requires an image to load and that is not directly hosted on the advertisers website. For Campaigns that involve third party serving/tracking, accounting may be beyond the control of Infinity Website Design Campaigns that use third party serving/tracking for auditing purposes may be subject to alternate or additional controls. Infinity Website Design is the sole owner of all website, campaign, and aggregate web user data collected by Infinity Website Design. Customer only has access to website and web user data that is collected as part of Customer's campaign.

Payment Liability: Infinity Website Design reserves the right to hold Customer and any agency, broker or other authorized representative of Customer jointly and severally liable for all amounts owed to Infinity Website Design.

Cancellation: Any Campaign canceled by Customer may be subject to a cancellation fee equal to 100% of that portion of the campaign scheduled to run during the three (3) day period following receipt by Infinity Website Design of written cancellation notice from Customer. Any traffic already used will not be refunded. If a cancellation occurs due to a violation of the Terms and Conditions, you will not be entitled to a refund.

Money-Back Guarantee:

While we are able to deliver traffic, and we guarantee to deliver targeted traffic, we do not guarantee sales of your product or service. we can guarantee that you will get the traffic you have purchased delivered to your site in the time you specify. If Infinity Website Design fails to deliver traffic to your website in the time specified on your original order, we will refund your money no questions asked!

The following charges will apply to all Pop-Under refunds.

• A deduction of 5% will be made on the cost of the total order (not the refund amount).

• A deduction of $8.00 per 1000 hits delivered to the date of the refund request.

Rates: All advertising rates are subject to change at any time.

Minimum CTR: Infinity Website Design does not guarantee minimum Click-through Ratio (CTR) for full page pop-up/pop-under banner ads.

GENERAL:
Representations and Warranties: Customer hereby indemnifies and holds harmless Infinity Website Design and the Publishers (including their successors, directors, officers, employees, agents, assigns) from and against all claims, loss, liability, damage and expense of any nature (including attorneys' reasonable fees) in connection with the Advertisement URL and its linked websites, for any actual or alleged breach of any term of this Agreement.
Damages: In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising thereunder or from the provision of services.
Limitation of Liability: Neither Infinity Website Design nor the participating sites will be subject to any liability whatsoever for (a) any failure to provide reference or access to all or any part of the Advertisement URL due to systems failures or other technological failures of Infinity Website Design or of the Internet; (b) delays in delivery and/or non-delivery of a campaign, including, without limitation, difficulties with a Publisher or Website, difficulties with a third-party server, or electronic malfunction; and (c) errors in content or omissions in any Advertisement URL provided by Customer.

Modifications:

The Program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.

Minimum Age Requirements:

No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated, is sent as an email attachment to our customer support email found in the contact us page of this website.

Infinity Website Design - Online - Remote Technical Support Terms and Conditions

IMPORTANT - PLEASE REVIEW CAREFULLY. By using Infinity Website Design', online technical support and/or solutions you are subject to these Terms of Service.

Our Service is offered to you with the condition you accept, without modification, the terms and conditions set forth herein. Infinity Website Design may change the Terms of Service at any time without prior notice. You understand that by using the Service after a change becomes effective, you have agreed to it. By purchasing Service from Infinity Website Design, you are indicating your agreement to be bound by all of the terms and conditions set forth in this document.

THESE TERMS OF SERVICE APPLY TO SERVICE ORDERED AND/OR PROVIDED BY Infinity Website Design

1. GENERAL
These Terms of Service (the "Agreement") are entered into by and between the Customer ("you", "your" or "Subscriber") and Infinity Website Design ("Infinity Website Design", "us" or "we"). You accept this Agreement upon:
(a) your submission of an online or telephone request for service, in verbal or written notice;
(b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session whether online or by telephone;
(c) your use of the Service; or
(d) your retention of the Software we provide following delivery or download.
This Agreement is made up of the terms below, plus the Privacy Policy, all attachments to this Agreement, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement and related policies are also set forth on the Infinity Website Design Service website located at www.InfinityWebsiteDesign.com ("Website"). The Agreement sets forth the terms and conditions under which you agree to use our Service, and under which Infinity Website Design agrees to provide this Service to you.

2. DEFINITION OF SERVICE
For purposes of this Agreement, the term "Service" shall refer to Infinity Website Design Service, including all Software , technical support, products and Service provided by Infinity Website Design under the service option that you have selected. The Service may be referred to as, "Remote Technical Support", "Software Support and Installation", "Remote Maintenance", "Remote Data Backup Service", "Internet Monitoring and Restrictions", "Remote Firewall Maintenance" and or Any other possible service provided by Infinity Website Design.

3. AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.1 You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. Infinity Website Design relies on the information you supply. Providing false or incorrect information may result in Service being withheld, delayed, suspended or terminated of your customer account.
3.2 You agree to promptly notify Infinity Website Design whenever your personal or billing information changes (i.e., name, address, telephone number, and/or credit card number and expiration date).
3.3 You are responsible for all use on your account and/or computer systems. You accept full liability and responsibility for the actions of anyone who uses our Service via your account, or your computer systems, with or without your permission.
3.4 If you pre-purchase or subscribe to any Infinity Website Design Service:
You agree not to resell our Service or engage in similar activities that constitute a commercial or non-commercial sale.
You may use your account for up to four (4) log-on sessions per appointment at any time. The log-on session will only be provided to one (1) IP address. If you elect to support two (2) or more IP addresses, you have the option of purchasing two (2) support sessions or, at the technician's discretion, can elect to provide support to additional IP addresses during the same session if time allows, or if the customer has additional time remaining in their account.
3.5 You agree it is your responsibility to back up all software and data that is stored on your computer's hard disk drive(s) and/or on any other storage devices you may have prior to using the Service of Infinity Website Design and/or its third party service providers shall not be responsible at any time for loss, alteration or corruption of any software, data or files.
3.6 You agree that your computer(s) meet(s) or exeed(s) the following minimum system requirements:
(a) For Remote Computer Service:
i. Windows NT, Windows 2000 Professional, Windows XP Home, Windows XP Pro, or Windows XP Pro X64 edition.
ii. A functional dial-up or high-speed Internet connection
(b) For Service which require a router including, but not limited to, Internet Monitoring and Firewall Maintenance:
i. Windows 2000, Windows XP Pro, or Windows XP Pro X64 edition
ii. DSL or cable high-speed Internet connection

4. GRANTING OF PERMISSION
4.1 Customer hereby grants to Infinity Website Design, its technicians, webmasters, technical support, and/or contractors a license to perform a direct connection to their computer(s) and network(s) for the express purpose of providing service and/or support. Customer will cooperate in good faith to enable such connections to occur.

5. PRIVACY POLICY
Infinity Website Design will not sell or rent your personally identifiable information to anyone unless you expressly consent to disclosure of your personal identification and other personal information to third parties. We may send personally identifiable information about you to third parties when (a) we have your consent to share the information or (b) we find that your actions on our website violate this Terms of Service or (c) we respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about you to law enforcement or other government officials as Infinity Website Design, in its sole discretion, believes necessary and appropriate.

6. AVAILABILITY OF SERVICE
6.1 The Service you select may not be available at all times, and may not be available in the format generally marketed. Some personal computers may not be available to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. For Remote Technical Support, we will qualify your Internet connection for the minimum line rate (speed) available for support based on our standard line qualification procedures. All Service is provided on an "AS IS" basis. Line rate, access and availability of Service are not guaranteed.
6.2 Infinity Website Design or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

7. SOFTWARE LICENSES AND THIRD PARTY SERVICE
7.1 In connection with our Service, we provide to you, via download, CD, other media, or other delivery the use of the needed connection software which is owned by Infinity Website Design. You may use the Software only as part of or for use with the Service and for no other purpose.
7.2 The Software may be accompanied by an end user license agreement from Infinity Website Design or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
7.3 We provide technical assistance and support for the Software in accordance with our policies. Technical assistance or support with regard to third party software provided by the Software supplier is solely provided in accordance with such third party's policies or other terms.
7.4. Your license to use the Software shall remain in full force and effect unless and until terminated by Infinity Website Design, its third party licensors, providers or suppliers, or until your customer account is terminated. Upon termination of your customer account for any reason, you must cease all use of the Software and immediately delete the Software from your computer.
7.5 Other Third Party Agreements: If you subscribe to or otherwise use any third party Service offered by or through Infinity Website Design, your use of any such Service is subject to the terms of Service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party Service include, but are not limited to technical support, portal, training, and storage Service that Infinity Website Design may elect to make available from time to time. Violation of such third party provider's terms of service may, in Infinity Website Design's sole discretion, result in the termination of your customer account and use of service.
7.6 WE DO NOT PROVIDE YOU ANY SOFTWARE SUCH AS ANTIVIRUS OR ANY OTHER SOFTWARE REQUIRED FOR THE SERVICE. YOU HAVE TO OWN YOUR SOFTWARE TO BE USED BY ONE OF OUR TECHNICIANS.

8. TERM AND TERMINATION
8.1 Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of Paragraph 1, until terminated by either party as permitted by this Agreement. Billing for Remote Technical Support Service will apply on a purchased time  basis and/or used time basis.
8.2 Termination of Service.
8.2.1 Pre-Purchased Block Service. If you are a pre-purchased block service customer, either you or Infinity Website Design may terminate this Agreement without cause by giving notice to the other party. Termination by you will be effective upon your notice to Infinity Website Design Activation or set-up fees paid at the initiation of your service, if any, are non-refundable. Termination by Infinity Website Design shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by Infinity Website Design, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination.
8.2.2 Termination and/or Suspension by Infinity Website Design If, in the sole discretion of Infinity Website Design: (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service); (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Infinity Website Design's network, or the use and enjoyment of other users; or (c) Infinity Website Design receives an order from a court to terminate your Service; (d) if Infinity Website Design for any reason ceases to offer the Service; or (e) if you are no longer a Infinity Website Design customer, then Infinity Website Design at its sole election may terminate or suspend your Service immediately without notice.
8.2.3 Terminated Account. Infinity Website Design, in its sole discretion, may refuse to accept your request for service, renewal or re-subscription following a termination or suspension of your use of the Service.

9. PRICING AND PAYMENT
9.1 Pricing and Fees. Fees and charges for the Service you select are supplied to you during the ordering process and are available on the Infinity Website Design web site at www.InfinityWebsiteDesign.com, unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan or time purchased, as well as any, applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. Monthly recurring charges (subscription plans) will be billed one month in advance; usage charges will be billed in arrears, and pre-purchase plans will be billed in advance, if applicable. Infinity Website Design or its agent will bill you directly, or charge your credit card, as you request and as approved by Infinity Website Design
9.2 Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time in the placement of Service charges on your credit card, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.
9.3 Late Fees. If any portion of your bill is not paid by the due date, Infinity Website Design may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of five percent (10%) per month, or the highest rate permitted by law. In the event Infinity Website Design utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
9.4 Local Telephone, Toll and Long Distance Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.
9.5 You have the option to change your Service at any time by notifying us, provided that you qualify for and comply with any requirements of that Service.
9.6 Missed Appointments. You are required to contact Infinity Website Design a minimum of twenty-four (24) hours prior to your appointment to cancel or otherwise reschedule your appointment. You will notify Infinity Website Design of your cancellation or desire to reschedule. Infinity Website Design technicians will attempt to call the telephone number provided by you during the scheduled appointment time three (3) times before considering the appointment a "missed" appointment.
9.7 Service without Resolution. Infinity Website Design will make every attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If Infinity Website Design is unable to resolve your computer problem, you will still be liable for charges for time spent by Infinity Website Design in an attempt to correct a problem.
9.8 Unable to Create Online Connection. No charges or fees will be applied if Infinity Website Design cannot connect with your computer in an attempt to provide Remote Computer Support Service.
9.9 The waiver of any fees or charges for Service provided lies solely at the discretion of Infinity Website Design
9.10 Any refunds provided are at the sole discretion of Infinity Website Design
9.11 Infinity Website Design reserves the right to charge service fees to a customer's credit card up to eight (8) weeks after the conclusion of service.