Terms & Conditions
You agree that you shall not use your website for any illegal purposes, or sale of Illegal goods or services, and that you will respect all applicable laws and regulations.
You agree not to use the website in a way that may impair the performance, corrupt or manipulate the content or information available on the website or reduce the overall functionality of the website.
You agree not to compromise the security of the website or attempt to gain access to secured areas of the website or attempt to access any sensitive information you may believe exist on the website or server where it is hosted.
You agree to be fully responsible for any claim, expense, losses, liability, costs including legal fees incurred by us arising from any infringement of the terms and conditions in this agreement and to which you will have agreed if you continue to use our services.
The reproduction, distribution in any method whether online or offline is strictly prohibited. The work on the website and the images, logos, text and other such information is the property of www.tieronewebdesign.com (unless otherwise stated).
By accepting this Agreement and using Tier One Web Design’s Hosting and Membership Services (“Services”), Client agrees to be bound by all the terms and conditions of this Agreement.
- Provision of Services
Tier One Web Design agrees to provide Client with website hosting services, consisting of website server space, e-mail capability, internet access, domain name registration, and such additional services, as may be provided by Tier One Web Design from time to time. Tier One Web Design reserves the right to change or modify the features of Client’s service plan from time to time on fifteen, days written or e-mailed notice to Client. Client’s continued use of Tier One Web Design’s services after receipt of such a notice of modification shall constitute Client’s acceptance of and agreement to be bound by the Tier One Web Design’s modification of the terms and conditions of this Agreement.
- Agreement Term
The initial term of this Agreement shall commence on the date of enrollment into the Tier One Web Design Membership program. The term of this Agreement shall be an initial service term of 12 successive months. Upon completion of the initial service term, the contract will renew for another 12 consecutive months. Upon the attainment of 24 consecutive months of membership the client will be eligible for a full site update / refresh at that time. Client is responsible for providing any content changes and input at that time. Any time beyond 24 consecutive months will continue to a month by month contract until written termination by the client.
- Termination for Cause
Client agrees to abide by the terms of this Agreement and by Tier One Web Design’s terms and Conditions as set forth in this Agreement, as those policies may exist from time to time. Tier One Web Design may change its use policies on thirty days written notice to Customer by e-mail message, mail, or facsimile transmission. Any violation by Client of the terms of this Agreement shall be grounds for immediate termination of Client’s account for cause. If Tier One Web Design the terminates Client’s account for a violation of this Agreement, Tier One Web Design shall not be required to refund any amounts previously collected for the contract term in which Tier One Web Design terminates Client’s services, and the remaining outstanding contract balance will be due immediately, also Tier One Web Design is not responsible for providing Website content, databases, and e-mail messages.
- Payment Terms
(a) Client agrees to pay Tier One Web Design’s a one-time setup fee and a monthly membership fee for a period of 12 successive months based upon the client’s membership level selection at sign up. Tier One Web Design reserves the right to change or modify its charges for Client’s plan from time to time on a thirty-day notice, written or e-mailed to the Client. Client’s continued use of Tier One Web Design’s services after receipt of such a notice shall constitute Client’s acceptance of and Agreement to be bound by the Tier One Web Design’s modified charges for its services. Additional charges for add-on services not included in Client’s base plan will be made as mutually agreed upon and with written approval.
(b) Service charges are payable in advance on a monthly basis if on a monthly plan. Tier One Web Design’s subscription will automatically charge the Client at the beginning of each monthly payment period.
(c) Tier One Web Design will submit any invoices for services not covered by normal membership / service subscriptions to Client by e-mail via online invoicing. Payment is due immediately upon receipt of invoice. Payments can be made online. Interest in the amount of 1.8 percent per month will be added to any outstanding invoices remaining unpaid for more than 30 days from the date of invoice.
(c) Client agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by Client and any fees owed to Tier One Web Design’s.
(d) Any charges for upgrading Client’s current Membership package, or performing add-on requests, automatically billed on the next billing cycle.
(e) Client agrees to maintain a current credit card on file for monthly recurring payments and to keep the payment up to date.
(f) In the event of non-payment the client will immediately make the best effort towards resolution. Further -more if the account goes beyond 45 days past due, the client website services will be suspended. If payment is past 60 days the account will be terminated for cause.
Tier One Web Design’s shall not be liable for any taxes and other governmental fees related to customer purchases made by customers on a Client’s website hosted on Tier One Web Design’s ‘ server. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of; or with the aid of services provided to Client by Tier One Web Design’s.
- Materials and Products
Any material and data Client provided to Tier One Web Design in connection with Services shall be in a form requiring no additional manipulation on the part of Tier One Web Design. Tier One Web Design shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition will not be useable. Tier One Web Design, in its sole discretion, may reject material or data that Client has placed on Tier One Web Design’s servers or that Client has requested that Tier One Web Design put on its servers. Tier One Web Design’s agrees to notify Client immediately of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the Tier One Web Design’s requirements. Client’s failure to amend or modify the data or material as directed by Tier One Web Design within a reasonable time shall be a breach of this Agreement.
- Electronic Mail Abuse
Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of e-mail) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited.
Forging of header or any other information is not permitted. Subscribing someone else to an e- mail list or removing someone else from a mail list without that person’s permission is prohibited. Tier One Web Design’s accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative clean-up fee of up to
$175.00.per hour and a deactivation fee of $350.00.
- Violations of Network Security
Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client’s agreement. Tier One Web Design will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for the Client or logging into a server or account that the Client is not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any Client, Tier One Web Design or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which the Client is not entitled.
- Warranty against Unlawful Use
Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client’s account for cause.
- Liability; No Warranty; Limitation of Damages
(a) Client expressly agrees that use of Services provided by Tier One Web Design is at Client’s sole risk.
(b) Tier One Web Design guarantees ninety eight percent uptime for its Web servers. If uptime for Client’s Web server falls below ninety eight percent during any given year. Tier One Web Design’s shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability.
(c) Tier One Web Design’s , its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(d) EXCEPT FOR INDEMNIFICATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, IN NO EVENT SHALL TIER ONE WEB DESIGN, ITS OFFICERS, OR AGENTS, INVOLVED IN PROVIDING SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WITHOUT LIMITATION LOST PROFITS, LOST GOODWILL, OR LOST BUSINESS, REGARDLESS OF THE FORM OF ACTION, INCLUDING CONTRACT, That may result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Tier One Web Design’s records, programs, or services.
(e) Tier One Web Design will exercise no control over the content of the information passing through Tier One Web Design’s network except those controls expressly provided herein.
(f) Tier One Web Design makes no warranties or representations of any kind, express or implied, for the services it is providing. Tier One Web Design also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
(g) EXCEPT FOR INDEMNIFICATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, Client agrees that the liability limit of Tier One Web Design shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
- Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights
(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to Client. Client agrees that all right, title, and interest in any product or service provided to Client belongs to Tier One Web Design. These products and services are only for Client’s use in connection with Services provided to Client as outlined in this Agreement.
(b) Client expressly warrants to the Tier One Web Design that Client has the right to use any patented, copyrighted, or trademarked material which Client uses, posts, or otherwise transfers to Tier One Web Design’s servers.
(c) Tier One Web Design will not use any provided client data or material unless in the manner of contracted provided services without written consent.
- Hardware, Equipment, and Software
Client is responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access Tier One Web Design’s servers. Tier One Web Design makes no representations, warranties, or assurances that Client’s equipment will be compatible with Tier One Web Design Services.
Client expressly represents and warrants that Client and any person to whom Client grants access to Client’s Tier One Web Design’s account are at least 18 years of age.
Client agrees to defend, Indemnify, and hold Tier One Web Design harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against Tier One Web Design, its agents, servants, officers, and employees, by a third party that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, Client’s agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless Tier One Web Design against liabilities arising out of:
(a) Any liability to Tier One Web Design arising by virtue of any use of Tier One Web Design’s services by Client for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e- mail or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to Client.
(c) Any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party.
(d) Copyright or trademark infringement by Client, or violation by Client of intellectual property rights of any other party.
(e) Any defective product which Client sold or distributed by means of Services.
(f) Any damages resulting from a security breach due to Client or anyone employed by the Client due to security protocol negligence.
- Data Protection and Information Security
Tier One Web Design warrants that it has procedures and policies in place that comply with applicable local, state, federal and foreign privacy and data protection laws as required regarding data protection and information security.
(a) Client warrants that in the event of a data breach that is caused by Client negligence, that the Tier One Web Design will not be responsible for any damages that may arise.
(b) Further threat analysis programs that we have incorporated are found in Amendment -1
- Tier One Web Design’s Hosting Maintenance & Support
Client agrees and understands that Tier One Web Designing is a managed hosting solution, meaning that the Client is fully responsible for all modified Wordpress access, email addresses passwords. Any additional support provided by the Tier One Web Design, outside of the subscribed membership plan will be billed at $175/per hour as soon as the work is done. This included consulting, tech support, and all other work involving the clients Tier One Web Design’s environment. In the case of the server going down, the Tier One Web Design will bring up the site immediately, if it can be proven that the client had actions into crashing the server, a fee of $350.00 will be charged to the client, due immediately.
- Attorneys’ Fees
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Client agrees to keep Tier One Web Design informed of all current contact information for Client’s account. Changes in Client’s account information may be reported to Tier One Web Design by e-mail at [email protected] Failure to maintain or keep current all contact information shall be a ground for Tier One Web Design’s to terminate Client’s account for cause.
- Governing Law
This Agreement has been entered into in the State of Virginia, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
- Entire Agreement
This Agreement shall constitute the entire agreement between Client and Tier One Web Design, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. This Agreement shall be considered in full effect by client enrolling in website membership plans, and that the client has the full authorization to enter into the membership service contract.
Though we strive to be completely accurate in the information that is presented on our site; and attempt to keep it as up to date as possible, in some cases, some of the information you find on the website may be slightly outdated.
www.tieronewebdesign.com reserves the right to make any modifications or corrections to the information you find on the website at any time without notice.
Change to the Terms and Conditions of Use
We reserve the right to make changes and to revise the above mentioned Terms and Conditions of use.
Last Revised: 12-13-2019