Acceptance of Terms
By accepting Netproserv Inc. (Netproserv) Terms of Service (TOS) electronically or in writing, and/or by using NETPROSERV Services, including but not limited to submission of content to our design department, payment or authorization of payment or sale, you (Client) agree to be bound by the following terms and conditions. You also agree that your electronic acceptance of these TOS shall have the same force and effect as if you had agreed to these TOS in writing.
Description of Service
NETPROSERV designs and hosts Websites and provides other Website-related services (Service) including, but not limited to: support and modification of Websites, e-commerce, flash, Web traffic building, database development, easy interface for updating the Website (Dynamic administrator control panels), e-mail accounts and additional Website related services. You understand that the Service may include certain communications from NETPROSERV such as advertisements, notices, service announcements and newsletters. You are responsible for obtaining access to NETPROSERV’ Service that may involve 3rd party fees (including but not limited to ISP, merchant account and gateway). You are also responsible for all equipment and software necessary to access NETPROSERV’ Service.
Electronic Delivery Policy
NETPROSERV is a website-related business and transacts with its clients electronically. When you accept this TOS you consent to receive electronically from NETPROSERV any notices, agreements, disclosures, or other communications (Notices). You agree that NETPROSERV can send you electronic Notices in either of the following ways. 1) To the e-mail address you provided to NETPROSERV at the time of sale or 2) to the new e-mail address account you set up/purchased through NETPROSERV. You agree to check your designated e-mail addresses regularly for Notices. Notice from NETPROSERV is effective when sent by NETPROSERV, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.
As we strive to offer the very best service, there are certain guidelines and policies that must govern our efforts and relationships with our clients. Practices that are in violation of these guidelines and policies are strictly forbidden and will result in the immediate termination of our service. Such decisions are at the sole discretion of Netproserv. Unacceptable practices include, but are not limited to:
• Adult or pornographic material
• Bulk e-mailing tools
• Distribution of Internet viruses or other harmful or destructive activity
• Gambling, gaming, lotteries, and like activities
• Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, chauvinistically, ethnically or otherwise objectionable Content or language.
• Content or language that is harmful to minors in any way.
• Illegal activities, such as ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or Content that infringes on third parties’ intellectual properties
• Intentional or unintentional violations of any applicable local, state, national or international law.
• Reselling e-mail accounts or hosting accounts to third parties
• Spamming and all other forms of unsolicited messages including, but not limited to: spam, pyramid schemes, chain letters, and junk e-mail
• Links to other sites that are in violation of Netproserv’ policies and guidelines
• Other activities, whether lawful or unlawful, that NETPROSERV deems to be in poor taste or that reflect adversely on NETPROSERV or our other clients
As a NETPROSERV Client, you agree to conduct your business in a legal and professional manner. You understand that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on your Website is the sole responsibility of the Client. You are fully responsible for all Website Content and agree to hold NETPROSERV harmless in the event of third parties’ legal issues brought against you for your business practices. NETPROSERV retains the right to terminate any accounts that are in violation with the letter or spirit of these TOS.
If the website is designed to be a dynamic website, you have the ability to update your contents and articles yourself and you will have access to editing tools for your Website. You may edit, add or delete Content to your Website at anytime. With this understanding NETPROSERV may or may not pre-screen Content. NETPROSERV shall have the right (but not the obligation) to pre-screen and refuse or remove any Content at its sole discretion. You agree that you bear all risks associated with the use of all Content, whether edited or written by NETPROSERV or not, including any reliance upon accuracy, usefulness or completeness.
You acknowledge that NETPROSERV may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of NETPROSERV and the public.
Intellectual Property Policy
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Website Construction Procedure
With the help and input from the Client, NETPROSERV will prepare the appropriate custom design and text for the Website. Client must submit complete Content to the design department before site construction begins on the custom Website. Client may submit Content directly to designer through e-mail, or regular mail. After Content is submitted by the Client the site will move to the layout and design department. Once the layout and design are approved by the Client the site will move to the text and html department. NETPROSERV will add the text and Content to the Website. The text may be reviewed by the NETPROSERV QC team before site goes live to correct any possible errors. The site will temporarily be hosted in a syntactic temporary site for the Client’s review and approval. NETPROSERV will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the Website. After the Client approves the text and Content added to the Website, the Website will go live. Client will be notified by e-mail that the Website is now live. Once the Website is live, Client may contact the NETPROSERV Technical Support Department or contact person for any and all future changes or questions. Client understands that the Website may be taken live “as–is” or “under construction” if we do not receive Client’s response to missing information requests or requests to approve completed Website within two weeks.
NETPROSERV does not guarantee a time frame for completion of the custom Website as Content may continue to be submitted by Client throughout the design process. NETPROSERV cannot start and complete the design of the custom Website until complete Content is submitted. If Client continues submitting additional Content, this increases the design time frame. If Client does not submit complete Content and NETPROSERV is not able to start or complete the custom Website design, Client is still responsible for all fees incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin accruing from date of sale.
Website Change Requests During Design Process
NETPROSERV agrees to build a Website or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale prior to the custom Website going live will be billed at NETPROSERV’ standard hourly rate. NETPROSERV is not obligated to complete Client requests or changes outside of the scope of work or the original invoice quote. If NETPROSERV does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due. If Client requests changes to a pre-packaged database, store or previously built database these are to be billed based on an hourly rate. There is no guarantee that changes made by NETPROSERV to a previously built database or store module will work and all fees invoiced and/or paid for Client requested changes are non-refundable.
Hosting and Domain Name Registration
Hosting and domain name registration is not inclusive in this TOS. If the client opts for Netproserv services in hosting and domain name registration, this shall be covered in a separate agreement.