ZION WEB DESIGNING IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.
The following agreement ("Agreement") is entered into between you ("Customer" or "you") and Zion Web Designing. ("Zion Web Designing "), and is made effective on the date of acceptance and signing of contract. This agreement sets forth the terms and conditions that govern your use of our services and is in addition to and not in lieu of any specific terms and conditions that apply to your purchase of a particular Service. Your acceptance and/or use of our Services signifies that you have read, understood and agreed to be bound by the terms and conditions of this Agreement as well as any policies posted on this website and that by such acceptance and/or use of the Services you agree that any previous agreements between you and Zion Web Designing will be terminated and superseded by this Agreement. You acknowledge and agree that Zion Web Designing acceptance of this Agreement and the provision of Services are performed at Zion Web Designing 's offices in N.W. Indiana, USA. Zion Web Designing, in its sole discretion, may refuse to provide the Services to any one at any time and for any reason. If Zion Web Designing exercises this right, Zion Web Designing will not charge you for the Services and/or refund you for the amounts paid for the Services during the month that Zion Web Designing invokes its right to deny Service.
Zion Web Designing, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications your acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Last Revised" date at the Bottom of this page or your continued use of the Services after Zion Web Designing posts the amended Agreement to Zion Web Designing.
1. Terms And Conditions Of Zion Web Designing Site Building
Zion Web Designing agrees to build your website in the time frame you as the customer and us as Zion Web Designing set. Depending on you the customer supplies us with the information, such as colors of website, text, photos, information, and so on that you want put on your website within 2 weeks of the date of signed contract or sooner. Please be certain of the material you send us, once the site has been started or built and you decide you want to change it, there will be extra charges for time involved for our services of changing the website, you we be able to view your website in construction. Please Note: Zion Web Designing only builds Corporate & Business Websites, we do not build commerce or Social Networking websites, but we can make modification to existing websites.
2. Fees and Payment To Zion Web Designing
A. Fees. In consideration of the Services, Customer will pay to Zion Web Designing all fees due according to the prices and terms agreed on the contract. All sales are final and Zion Web Designing offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted between Zion Web Designing and customer, even if your Services are suspended, terminated or transferred before the end of the Services. Zion Web Designing expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be emailed to you and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.
B. Payment. Services will not begin until payment is received. Customers have 2 options of payments, 1. To pay in full, 2. To pay half down and half within 30 days. Payments must be received on time, failure to do so will result in the shutting down of your website until payment is received. Also please note, no domain names will be transferred to owner of site until site is paid for in full. If payment is more than 7 days late customer may be charged a service fee of $40 to have the website put on the net. And customer could be in default of this Agreement. Customer agrees to pay Zion Web Designing its reasonable expenses, including attorney, in house legal expenses and collection agency fees, incurred in enforcing its rights.
Configuration Of Payment & Timeline
Your website could be up and running in as little as 24 to 72 hours, depending you have gave us all the material needed to put the site together, But most sites take longer. We figure for example, our 5 page website plan # 1 for $199.99 we should have to put no more than 10 To 12 of service hours into building of the site, so if you think your website is going to take more time you should buy a bigger plan, any extra time put into the site, there will be a charge of $20.00 an hour for our services. So please know for sure what plan size to get before you buy your website.
3. Eligibility, Contact, Account Ownership
The Services we offer are available only to Customers who can form legally binding contracts with Zion Web Designing. By using our Services, you represent and warrant that you are at least eighteen (18) years of age and/or otherwise recognized as being able to form legally binding contracts under applicable law. You further represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom Zion Web Designing is legally prohibited to provide the Services.
Also customer will receive a contact by mail from Zion Web Designing. Customer' shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that Zion Web Designing may rely on representations made by the customer's contact. Customer may change their contact "Or Plan" at any time by giving written notice to Zion Web Designing in accordance with the notice provisions of this Agreement. Zion Web Designing is under no obligation to accept instructions from anyone other than the contact. Notwithstanding the foregoing, Zion Web Designing shall not be liable for any loss or damage resulting from Zion Web Designing reliance on any instruction, notice, document or communication reasonably believed by Zion Web Designing to be genuine and originating from an authorized representative of Customer's corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Zion Web Designing reserves the right (but not the obligation) to require additional authentication from Customer. In order to permit Zion Web Designing to protect the quality of its products and services, you hereby consent to Zion Web Designing staff being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse.
4.Domain Name & Website Ownership
A. Domain Name Transfer: The entity or person singing of the contract is designated as the owner of the website and domain name. But when the domain name is purchased by us, the domain must stay in our possession for a time period of 60 days before transferred to owner of website, also "Website must be paid for in full" before transfer. The domain name also needs to be registered with a given registrar for at least 60 days. This means you cannot purchase a domain name and then transfer it to another registrar of record in less than 60 days. You also can’t transfer a domain name, and then transfer it again within 60 days. If the domain name is in an ACTIVE state and has been registered for more than 60 days, the registry informs the gaining registrar that the transfer process will continue. The registry then informs the losing registrar that a transfer request has been made for the domain name.
5. Use of Customer's Name and Trademarks
Customer hereby grants Zion Web Designing a non-exclusive right and license to use Customer's name and such of Customer's trade names, trademarks, and service marks (collectively, "Customer's Marks") as are listed on Customer's Content or otherwise provided to Zion Web Designing in connection with this Agreement (a) on Zion Web Designing own Web Sites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing Zion Web Designing Services, and, (c) in applications reasonably necessary and ancillary to the foregoing. Customer may use Zion Web Designing trade name, trademarks, and service marks collectively, “Zion Web Designing Mark’s” in advertising and publicity in conjunction with the offering of Customer's Content via Zion Web Designing, provided that Customer shall submit copy to Zion Web Designing for its prior written approval, and provided further that under no circumstances shall such use imply that Zion Web Designing endorses, sponsors, certifies, approves or is responsible for Customer's Content. Notwithstanding the foregoing, Customer need not obtain Zion Web Designing prior written approval where use of Zion Web Designing Marks is limited to inclusion in a list of systems via which Customer's Content is available.
6. Prohibited Practices
When a website is complete, and you have the domain name in your name, and you give us your login and password to still be able to work on your website, Zion Web Designing shall have no duty or obligation to monitor Customer's Content or any other Content provided or distributed by others, and Zion Web Designing shall not edit or otherwise exercise any control over Customer's Content without permission. Nevertheless, Zion Web Designing may, in its sole discretion at any time, without notice to Customer, and without liability to Customer, remove from public view, disconnect, or terminate the hosting of any of Customer's Content or other Content that Zion Web Designing deems in its sole discretion to be offensive or illegal, for any one or more of the following reasons: (i) the content is adjudicated to be in violation of the laws of the state where the server resides; illegal or sexually explicit Content or activities, or any Content that allegedly violates the law, rules or regulations of any country or subdivision thereof; the content constitutes harassment of Users, including, but not limited to, by means of Customer's billing practices; or Customer's noncompliance with or material breach of any of the terms and conditions of the AUP or this Agreement; or claims made by third parties against Zion Web Designing that Customer or any of its end users has engaged in one or more of the above practices.
7. Customer's Indemnification
Customer shall indemnify and hold harmless Zion Web Designing from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees and fees attributable to in house legal personnel, arising from or relating to Customer's provision, or an end user's use, of Customer's Content, or any act, error, or omission of Customer in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
8. LIMITATION OF LIABILITY
ZION WEB DESIGNING ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER'S OR END USER'S USE OF THE SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, LOST REVENUE OR PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ZION WEB DESIGNING IS AWARE OF THE POSSIBILITY THEREOF. ZION WEB DESIGNING SHALL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
9. Terms and Termination.
You may terminate your right to access and use the Service - by CONTACTING US BY PHONE. For security reasons, Zion Web Designing requires that you authenticate any cancellation, Failure to do so will result in the cancellation request not being processed and you will be liable for all recurring fees until such authentication is complete. PLEASE NOTE that a cancellation of a particular Service may not cancel all Services associated with your account.
Zion Web Designing may terminate this Agreement and/or your right to access and use the Service, in whole or in part, at any time and for any reason. Zion Web Designing reserves the right, but not the obligation, to cancel or suspend your Service if your site(s) causes a sudden significant increased draw on system resources (i.e. a DDOS attack) that in Zion Web Designing sole opinion impairs its ability to provide Services to other customers. Zion Web Designing also reserves the right to immediately terminate this Agreement and/or your right to access and use the Service, in whole or in part, if Zion Web Designing finds that you have been abusive to Zion Web Designing employees.
Upon expiration or effective termination of the Service by either party for any reason, (a) Zion Web Designing will cease providing the Service, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise, unless Zion Web Designing terminates such Service without cause, and (c) any outstanding balance for your usage of the Service through the effective date of such termination or expiration will be immediately due and payable in full.
Domain Name Registration
Generic Top Level Domain Registrations
Zion Web Designing is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") through Domain Name Sanity for various generic top-level domain names including .com, .net, biz, ("gTLDs").
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals. You acknowledge that Zion Web Designing is a registrar bound by an agreement between Zion Web Designing and ICANN. You agree that Zion Web Designing may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by Zion Web Designing.
Zion Web Designing gathers navigational information about where you go on our Web site. This information allows us to see which areas are most visited. This helps us improve the quality of visitors' online shopping experiences by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected which will provide information regarding your use of our Web site (such as the time of your last visit to a page on our site).
Disclosure of Personal Information
Any information you provide to us at this site when you establish or update an account, purchase credits online or request information (i.e. name, address, e-mail address, telephone number and credit card information), is maintained in private files on our secure Web server and our internal systems. This information is used to enable Zion Web Designing to deliver services to you. To ensure compliance with federal law, Zion Web Designing does not maintain information provided by children under the age of 18.
You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site, the site or the public.
Zion Web Designing does not sell, rent or trade your e-mail address to third parties. We may, however, use third parties to help us provide services and marketing to you, such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, and administering e-mails. If personally identifiable information (i.e. name, address, e-mail address, telephone number) is provided to any of these third parties, we will require that such information be maintained by them in strictest confidence.
Updating Personal Information
We prefer to keep your personal information accurate and up-to-date. To do this, we provide you with the opportunity to update or modify your personal information, so please keep us updated!
Questions/Changes in Policy
If you have questions or concerns with respect to our Legal Policy, please feel free to contact us. If elements of our Legal Policy change, If you are concerned about how your personal information is used, please visit our site often for this and other important announcements about Zion Web Designing.
Zion Web Designing believes in providing a safe and secure shopping experience for all of our clients. We provide stringent and effective security measures on our Web site.
It is our policy to never send private information, such as your credit card number, via e-mail. In fact, this is a practice we recommend you adopt in all of your Internet activities.
Acceptable Use Policy
In order to maintain our system integrity and resources we expect our customers to act responsibly. When you use any Zion Web Designing services, in any form, you automatically agree to the following Conditions.
Zion Web Designing maintains high standards and values, and expects the same from its customers. We reserve the right to suspend or cancel a customer's access to any or all Services provided when we decide, in our sole discretion, that the account has been inappropriately used. In short we may decline Services because of:
· Adult Material (as described below)
· Illegal content
· Use of the Services in a manner in which it was not intended
· Use of the Services in a manner which does not conform to Zion Web Designing values
Obscene Material Policy
Zion Web Designing maintains a strict " Obscene Material Policy ". Any presentation of material that is sexual, pornographic or obscene or animals in nature, as determined in Zion Web Designing sole discretion, will not be allowed. By way of example and not limitation, includes any of the following: We will not build sites with these contents!!!!
1. Any photos or videos showing frontal nudity on either men or women.
2. Any photos or videos showing any sexually explicit nudity.
3. Any audio clips or text containing sexually explicit material.
4. Any explicit adult toys such as vibrators, etc.
5. Any sites with direct links to other sites containing such material.
6. Any site engaged in the sale of sexually explicit items.
7. Any type of animal abuse of any kind.
8. Any types of child abuse of any kind.
9. Any types of satanic cult sites.
10. Any types of websites of this nature!!!!!
If your site contains material that you are unsure about, please let us know before placing the order.
Last Revised January 2013 Zion Web Designing