Terms of Service

Web Development TOS

The following is a Terms of Service (TOS) agreement between WEBENDEV LLC (“WEBENDEV”) and our web development customers. This policy applies to all information collected on the WEBENDEV website, or submitted to WEBENDEV at any time through any of our services on the website.

See our Web Hosting TOS for information on WebEndev hosting services.

Web Development TOS Table of Contents

Design Specifications

Designs are completed according to the specifications provided by the client on the Project Questionnaire Form, and initial discussions during the process of quoting your individual project – so please be as specific as possible on the form for your design requirements. Communication regarding your project is a two-way street and we want to provide you with a final product that you are 100% satisfied with.

Estimated Time of Completion

An estimated time completion on your project is 30 business days from the date of full project payment made (this excludes weekends and US holidays).

30 business days is a rough estimation on the time frame – depending on the complexity of your individual request, the project may take a bit longer. We will give you an estimated completion time on your project at the time of your order. We strive to accomplish it sooner than that, however we do have a very active queue of work – and once payment is made, your project is placed in that queue for completion. Our payment terms are 50% at the project start, upon execution of our agreement – with the remaining 50% balance due 10 days after completion of the project.

Design Process

The following are steps we take in your blog design or website design process once your project payment has been received:

Development of the overall concept and layout of your design work, based on the specifications you have given to us in the Project Questionnaire Form you filled out. This phase may also require further communication with you to nail down all of the specifics or clarify anything we may have questions on.
Creation of the custom style sheet (CSS) that makes up the foundation of the format and layout of your site design
We will then provide you with the first live demo presentation of your custom theme on our development domain (not visible to the search engines). You will receive an email from us with that domain information so that you can review your design work. A maximum of two design presentations (the original plus one other, if needed) will be included at no extra cost to create the visual look and feel that is desired. The original design is created based on the specifications that you have provided to us in your Estimate Information Form, and our conversations. A second design can either build or expand upon the concepts presented, or you can request a completely different look than the one we originally presented.

It is important to know that we create your design based on the specifications you’ve provided to us (i.e. color scheme, number of columns in the layout, use of artwork/imagery,etc) – so it is important for you to be as specific as possible in your original request so that we are able to provide you with just the look you’re going for. Further revisions may incur additional fees.

Upon review of your first live demo, we will revise and modify your site (if needed) based upon our discussion and review.
After revisions are made, you will again receive an email from us with that domain information so that you can review your design work a second time.
Once we have received final approval from you on your new theme – we will then install your custom theme on your host for you. After that is completed, we review the work with you and when you’ve given the final OK, we will invoice the final 50% balance due.
Minor updates and changes to your project are allowed for up to five (5) days from the completion of the blog design or website (this includes up to a half-hour per page total). Minor updates, changes, modifications and/or revisions to the blog design or website after the 5 day period will may incur additional fees.

Email consultation, for established client projects, is provided to you free of charge – Up to one hour of total general blog orientation and design consultation is included in the initial quote. Additional education and consultation is billed at our normal hourly rate.

Requesting Changes

Any changes to the theme (beyond true bugs) after the approved, final product is launched on your site will incur additional fees. Minor changes will be considered without charge – we can talk about it at the time of implementation. Requested changes/modifications that were not included in the original quote will incur our hourly fee for completion.

Additional fees, after the final launch, will be incurred for future requests if:

Your theme breaks after an upgrade to the software you are using.
You add new plugins or features to your site that weren’t included in the original project
A new browser upgrade breaks your theme (i.e. a browser version that didn’t exist during the creation of your theme).
You’ve made changes or alterations to the code
Your site gets hacked, or otherwise compromised and you’ve lost your theme files due to a lack of backups

Use of Artwork

Use of any non-licensed imagery is the sole responsibility of the client. Clients who provide images to us for use in their project assume risk of liability for use of those images. When in doubt, contact the original artist of the image for permission before providing it for us to use in your design project.

Licensing

In regards to custom graphic, template and logo work you’ve purchased through WebEndev (this refers to non-stock art, royalty free images from outside sources) – the rights for all works, templates, photographs, graphics and images that are created for your project by WebEndev, LLC remains the intellectual property of WebEndev.

You may use those images and renderings on your personal website, blog or home computer as long as proper copyright is noted. You may not alter, transform, or build upon those images in any way. These items are not licensed for commercial use, profit or redistribution – please contact us for information in regards to commercial licensing (ie: use for print advertising, t-shirts, merchandise, etc).

Software Licensing

It is the SOLE RESPONSIBILITY OF THE CLIENT TO OBTAIN PROPER LICENSING with use of any software program, unless a WebEndev provides you with a license (for example plugins).

Hosting Requirements

When clients contact us for WordPress (we build all sites exclusively on WordPress) installation and set-up, we assume that the client has already researched the requirements for running WordPress on their server. If necessary, contact your host to make sure that they can support the requirements stated in the WordPress documentation. Here is a link to WordPress, and the description of their requirements.

After spending the time to develop your site – WebEndev cannot be responsible if your hosting plan does not support WordPress. Refunds will not be made in the event that WebEndev finds that we cannot install the program on your account. The client is responsible for researching the requirements up front. If you have questions regarding your hosting environment, please be sure to ask us when you place your order – we can assist with making an evaluation on whether or not your hosting environment meets the minimum requirements to run WordPress.

WebEndev does provide hosting services that do meet the requirements for popular blogging platforms and CMS software – please inquire about those services if you require them.

Data Backup

Client assumes all responsibility for their files and templates. While we do our best to try to keep a back-up copy of your files, it is your responsibility to back-up your files and templates in case of emergency.

Template Reuse

You are welcome to use the themes you purchase and we create for you to learn from and create additional themes on your site only.

When you purchase a site design from WebEndev – it is licensed for use on one domain only. The licensing of your template does not cover use on other domains and it is not available for redistribution or resale in any way. If you decide you’d like to use the theme on another, or several other, domains – please let us know and we will provide a quote on the additional licensing.

Our templates are not available for you to reuse, or resale, for profit in any way.

Project Signoff

Once clients receive the notification that their project is complete – minor updates and changes to existing web site can be made for up to five (5) days prior to completion of the blog design or website (this includes up to a half-hour per page total), so please get back to us as soon as possible with any questions or minor modifications you may need.

Our reason for the 5-day window is simple: we have no way of knowing what modifications or changes were made to the template once we’ve released the product on the clients site, so please do let us know as soon as possible of any problems you come across so we can address them efficiently.

Additionally, because we develop your site in a live environment on a development domain on our servers – full testing in an optimal environment has already been done prior to final launch on your site. We do understand that not every environment is the same – to that end, we do schedule the final launch with you at a mutually agreed upon time that is convenient for both parties, so please be sure to schedule this time with us at a time that we are able to fully test it in your environment, with your content.

WebEndev reserves the right to use project details for promotional material, our portfolio and client testimonial, project case studies for education, training and promotional reasons.

Refunds

Once we begin work on your project, refund requests, for any reason, will be pro-rated in order for WebEndev to retain fees for work that has already been completed up until the time of your requested project termination. Refunds will be considered on a case-by-case basis and we make every effort to work with you to ensure that payment terms and refunds are handled fairly and in a timely manner.

These terms are subject to change without notice.

Web Hosting TOS

The following is the entire Acceptable User Policy (“AUP”) agreement between WEBENDEV (“WEBENDEV”) and the personal or corporate account holder (“YOU/YOUR/Customer”). WEBENDEV provides World Wide Web Hosting, Marketing, and Development. WEBENDEV has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. WEBENDEV general policy is to act as a provider of Internet presence. WEBENDEV reserves the rights to suspend or cancel a customer’s access to any or all services provided by WEBENDEV when we decide that the account has been inappropriately used. The Effective Date of this Services Agreement is the date at which you sign up for an account through our online form, unless a particular date is given in an addendum to this agreement.

Web Hosting TOS Table of Contents

What Is Acceptable Usage?

WEBENDEV is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. WEBENDEV is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. WEBENDEV uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of WEBENDEV is strictly prohibited.

WEBENDEV will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to WEBENDEV, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – WEBENDEV has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by WEBENDEV to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Unsolicited Email & Spamming

Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancellation.

WEBENDEV takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If YOU use the services of another provider to promote a website hosted by or through WEBENDEV (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.9% Up-time Guarantee

(1.) COVERAGE – This 99.9% uptime guarantee applies to any Customer in good financial standing with WEBENDEV at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – WEBENDEV endeavors to have the content of YOUR website available for http access by any party in the world 99.9% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from WEBENDEV to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via WEBENDEV’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the WEBENDEV NOC. WEBENDEV’s administrators will determine the end of the downtime by a trace-route to YOUR machine from outside the WEBENDEV network.

(3a) HOSTING CREDITS – In the event that YOUR website is unavailable for less than 99.9%, WEBENDEV will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

Monthly Up-time Credit:

95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
89.9% or below – YOUR account will be credited 50% of your monthly hosting fee

(4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:

scheduled maintenance as posted from time to time at WEBENDEV,
your behavior or the performance or failure of your equipment, facilities or applications,
circumstances beyond WEBENDEV’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
YOU breaking any agreement policy in WEBENDEV’s “Terms & Conditions and AUP” causing a machine to fail as a result.

Technical Support Boundaries

WEBENDEV provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of hosting servers within our immediate responsibility and any other hosting related issues.

However, in no circumstances is WEBENDEV obligated to help YOU in the installation of new application modules, templates and/or programming languages, or in providing assistance for any errors produced by any applications that have been modified by YOU previously.

Chat Rooms

We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with WEBENDEV. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB, bbPress or similar forum scripts are acceptable.

File Storage

All electronic files stored within WEBENDEV’s file-servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limited to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications.

If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.

Payment Policies

All accounts are set up on a pre-pay basis. Any Setup fees charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. WEBENDEV reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify WEBENDEV to request a termination of services. All payment is in U.S. currency. WEBENDEV will bill each client $50 per returned check, and per credit card charge back received. All WEBENDEV accounts are setup on date of activation billing cycles. All WEBENDEV accounts are setup as of the date of first payment.

Cancellation of Service

WEBENDEV reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by WEBENDEV if we institute our right of cancellation.

WEBENDEV hosting is backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.

If YOU cancel, the full contract amount less any setup fees and overages will be refunded if WEBENDEV is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to the originating account. Refund policy will not be made available to Customers using wire transfers.

All account cancellations must be done via our Support Request form at YOUR My Account page. Phone or email requests will not constitute acceptance of any cancellation.

Promotional Rates & Special Offers

WEBENDEV may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

Intellectual Property Rights

Material accessible to you through WEBENDEV’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use WEBENDEV or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the WEBENDEV network. If YOU use a domain name in connection with WEBENDEV or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the WEBENDEV network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WEBENDEV will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,

(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and

(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

Static & Dynamic Content Caching

YOU expressly

(i) Grant to WEBENDEV a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by WEBENDEV under this Agreement and

(ii) Agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

WEBENDEV shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by WEBENDEV. WEBENDEV reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Lawful Purpose

WEBENDEV reserves the right to refuse service to anyone. YOU may only use WEBENDEV services for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of WEBENDEV management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that WEBENDEV may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Angola, Indiana, and any dispute will be litigated or arbitrated in Angola, Indiana. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Angola Indiana courts. IN NO EVENT SHALL WEBENDEV’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEBENDEV HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST WEBENDEV, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBENDEV AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEBENDEV’S SERVER. (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WEBENDEV’S SERVER.

Disclaimer

WEBENDEV WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WEBENDEV MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WEBENDEV DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WEBENDEV AND ITS EMPLOYEES. WEBENDEV RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF WEBENDEV MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.

Privacy Statement

WEBENDEV follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

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