We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

1) Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

2) If in doubt regarding the acceptability of your site or service, please contact us at info@theportwebdesign.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography: Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

3.) Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. The Port Web Design Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. The Port Web Design Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of The Port Web Design Hosting.

4.) Payment Information - You agree to supply appropriate payment for the services received from The Port Web Design Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify The Port Web Design Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Once we receive your cancellation via email and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. It is your responsibility to cancel your recurring monthly payment if any.

As a client of The Port Web Design Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. The Port Web Design Hosting provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full.

The Port Web Design Hosting reserves the right to change the monthly payment amount and any other charges at anytime after sending out an email advising you of the change.

5.) Backups and Data Loss - Your use of the service is at your sole risk. The Port Web Design Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on The Port Web Design Hosting servers.

6.) Cancellations and Refunds - The Port Web Design Hosting reserves the right to cancel the account at any time with or without notice.

Any abuse of staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via email. The Port Web Design Hosting gives you an unconditional 30 day money back guarantee on managed shared hosting, for any customer who paid the first invoice with a credit card or with Paypal.

There are no refunds on dedicated servers, administrative fees or install fees for custom software. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.

Should you plan to move your hosting service to another Web hosting provider at the time of cancellation, it is your responsibility to edit your domain name record to ensure it points to your new hosting provider's servers. If you wish to minimize disruptions to your website traffic during a change of hosting providers, it is also your responsibility to ensure that your new hosting space is set up and domain records updated correctly prior to cancelling your hosting service with us.

Any amount already paid for your hosting service within a current billing period (monthly) will not be refunded if a cancellation notice has not been received prior to your Paypal recurring payment account cancellation. However, your hosting account will be available for the remainder of the billing period if needed.

7a.) Resource Usage

User may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES - The use of more than 50,000 inodes (data structure on a traditional Unix-style file system - An inode stores basic information about a regular file, directory, or other file system object) on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

8.) Bandwidth Usage - You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we will alert you by email and reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee - Each of The Port Web Design Hosting's managed shared servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages and does not apply to dedicated servers, administrative fees or install fees for custom software.

9b.) Uptime Guarantee - If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of The Port Web Design Hosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact direct email: ravie@roadrunner.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared solutions.

12.) Price Change - The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on The Port Web Design Hosting website (www.webdesign6.com) , and the right to increase the amount of resources given to plans at any time.

14a.) Indemnification - Customer agrees that it shall defend, indemnify, save and hold The Port Web Design Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The Port Web Design Hosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless The Port Web Design Hosting against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Port Web Design Hosting;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement.

(4) any defective products sold to customers from The Port Web Design Hosting's server.

14b.) Arbitration - By using any The Port Web Design Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against The Port Web Design Hosting or its subsidiaries, such disputes will be handled by an arbitrator of The Port Web Design Hosting's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Maine. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

15.) Disclaimer - The Port Web Design Hosting shall not be responsible for any damages your business may suffer. The Port Web Design Hosting makes no warranties of any kind, expressed or implied for Design, development and hosting services we provide. The Port Web Design Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by The Port Web Design Hosting and its employees.

16.) Disclosure to law enforcement - The Port Web Design Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17.) Changes to the TOS (Terms Of Service) - The Port Web Design Hosting reserves the right to revise its policies at any time without notice.

WEBSITE DESIGN TERMS & CONDITIONS

*The creation of a website to posting it online, whenever we know the amount of work to be done upfront is quoted on your initial contract. Any extra request will be charged $65 an hour.

*All text, graphics or information needed must be delivered to us within 60 days of this contract. After 60 days the whole amount will be due (we certify of course that the work will be executed whenever we will receive the material).

*We ask for a deposit of 50% in advance (non refundable) - Each invoice is due UPON RECEIPT. Payments can be made by cash, check or credit card through Paypal. If payment through Paypal, for any amount over $100.00, a 4% processing fee will apply

*The Port Web Design has an intellectual property right on its designs. Of course you own your website but in case you choose to use another firm for the maintenance of your website, once we designed the site, that firm will not be allowed to sign our design. Only The Port Web Design is entitled to sign “ website design & development “

*As a client of The Port Web Design Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. The Port Web Design Hosting provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full.

Electronic Commerce Laws - The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design and development Project or any other services contemplated herein, and will hold harmless, protect, and defend The Port Web Design and its subcontractors from any claim, suit, penalty, tax, fine, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

Performance Liability - The Port Web Design does not warrant that the functions supplied by Web pages, consultation, advice, or Internet Web site will meet the client's requirements or that the operation of Web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web pages and Web site is with client. In no event will The Port Web Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or Web site, even if The Port Web Design has been advised of the possibility of such damages.

Changes to the design - Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore billed at an hourly rate of $65/hour. The cost estimates agreed upon by The Port Web Design and Client are based on the requirements specified in the accepted proposal. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.

Termination of Contract - In the event Client cancels or terminates this Agreement before Completion of the Services, The Port Web Design shall be paid by Client for all completed work and the payment of any authorized expenses. All payments to The Port Web Design are non-refundable.

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If you have questions, please don't hesitate to call: 207-967-4691 or
Email: info@theportwebdesign.com

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