Dave Monroe

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Agreements are exclusively between Dave Monroe and the Customer. Dave Monroe is to provide the Customer with the services as stated on the written agreement, invoice or electronic communication.

Dave Monroe does not provide Internet access or browsers.

Payment Terms

Checks, money orders, or credit cards via PayPAL are accepted for payments due. Payment is to be received on the date indicated on the customers invoice. If payment is not received on the due date indicated on the invoice then all web services will be interrupted. If payment is received within 10 days from the due date indicated on the invoice service and the customer's site will be restored and no further fees will apply for the contract period. However on the 11th day after the due date indicated on the invoice the customers account will be considered closed and will not be restored until any past due fees are received plus fees for redesign, hosting and any other service related items that may apply.

Invoices for contractual support services and maintenance will be issued in advance of the support/service period. This is to include Web Page Design, and Web Page Hosting and maintenance of the same.

Right of Refusal

Dave Monroe may change credit or payment terms at anytime when in Dave Monroe’s opinion, customer’s financial condition, previous payment record or the nature of the Customer’s relationship with Dave Monroe so warrants. Dave Monroe may discontinue performance if Customer fails to pay any sum due, or fails to perform under this or any other agreement with Dave Monroe. Dave Monroe also reserves the right to refuse, suspend or terminate any of its services to any user in his sole discretion, without notice.

General Account Terms

Unless otherwise noted and agreed upon in writing by Dave Monroe, the Customer shall use their account to represent only one organization or company. Customer may not include material for or sub-lease space for any other individual, business, or organization.

Dave Monroe will provide the medium and administration necessary to provide a full World Wide Web presence on the Internet for each client where applicable. Dave Monroe will provide a unique alias name (URL) for use by the Customer to promote the Customer’s Web Page on literature and other Web Servers. The Customer understands that although Dave Monroe uses some of the best web servers available, there is always down time for maintenance, upgrades and other required events. Dave Monroe does however guarantee uptime of 98%.

The Customer releases Dave Monroe from any liability that may arise from any interruption to the Customer’s business resulting from using his services. Dave Monroe is in no way responsible for the performance of any information posted on the clients website and / or networks and servers belonging to, rented or leased by Dave Monroe for the purpose of hosting the clients website. In addition, the Customer assumes full responsibility for all content posted to their webpage, including any trademark, copyright, patent or other intellectual property submitted to Dave Monroe for creative services. Dave Monroe reserves the right to remove any material, which in Dave Monroe’s opinion may result in the violation of any intellectual property rights of others or any other applicable Federal, State, Common, or International Laws or Regulations.

The following content is NOT allowed to be stored on networks and servers belonging to, rented by or leased by Dave Monroe:

Illegal Material – Includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State, Local or International laws or regulations.

Spamming – Spamming, whether or not it overloads the Services or disrupts service to the hosting servers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Dave Monroe and / or the hosting companies that are used to host his (Dave Monroe's) clients websites require that all email messages contain an automated opt out . We do not allow purchased lists. All clients of Dave Monroe's are required to follow all rules in the Can Spam Act: (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Dave Monroe reserves the right to determine, in his sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein.

Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. (The designation of "adult material" is left entirely to the discretion of Dave Monroe.)

Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. This also includes any sites which provide "links to" or "how to" information about such material.

Spamming and Email

Spamming – Spamming, whether or not it overloads the Services or disrupts service to the hosting servers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Dave Monroe and / or the hosting companies that are used to host his (Dave Monroe's) clients websites require that all email messages contain an automated opt out . We do not allow purchased lists. All clients of Dave Monroe's are required to follow all rules in the Can Spam Act: (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Dave Monroe reserves the right to determine, in his sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein.

Domain Name and Site Design / Development Terms

Domain Registration fees are non-refundable. Web Page Design fees are non-refundable. If a domain name transfer is requested by any existing or former client it will be subject to a Domain Transfer Fee not to exceed the original or existing yearly price of the clients account.

All web site designs developed by and implemented by Dave Monroe will remain the Intellectual Property of Dave Monroe and domain names purchased by Dave Monroe will not be transferred to the Customer if at any time either Dave Monroe or the Customer cancel the Customers account, or the Customer violates any credit terms or other terms associated with this agreement and or their account.

Any Trademarked Material used on a clients website that is designed and maintained by Dave Monroe is used with the permission of the client and will never be used by Dave Monroe to cause confusion in the marketplace, or be used commercially by Dave Monroe in the same category of goods or services for which the trademark applies. Dave Monroe retains rights to display the name and / or trademarked material representative to the clients business in portfolio and advertising materials.

It is the sole responsibility of the client to use trademarked material appropriately and Dave Monroe will not be held responsible for any misrepresentation of any said trademark even after the clients account has been closed or terminated.

Logo Design Ownership/Copyrights

If Dave Monroe designs a logo for the client then the ownership (copyright and title) of the final artwork become the property of the Client, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. Dave Monroe retains rights to display the artwork in portfolio and advertising materials. All concepts, or other preliminary materials, which are not selected by the Client or are not included into the final delivery, remain the full property of Dave Monroe.

Artwork Ownership/Copyrights

Any artwork, images, or text supplied by and / or designed by Dave Monroe on behalf of the customer and / or for use on the clients website, will remain the property of Dave Monroe.

The customer may request in writing from Dave Monroe, the necessary permission to use materials (for which Dave Monroe holds the copyright) in forms other than for which it was originally supplied and / or intended, and Dave Monroe may, at his discretion, grant this. Such permission must be obtained in writing before he will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Dave Monroe, the customer grants Dave Monroe permission to use this material freely in the pursuit of the design of the clients website or other material for which Dave Monroe was hired to create.

Should Dave Monroe, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have any copyright or royalty usage limitations, the customer will agree to allow Dave Monroe to remove and / or replace the file on the site.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Dave Monroe reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The Customer’s use of Dave Monroe’s Services constitutes customer acceptance of all terms and any modified terms.