Endless Marketing Group
Terms / Conditions
• Without prior notice, Endless Marketing Group may modify these Terms and Conditions, amplify them, and/or modify the fees charged, as well as discontinue or change the services offered. If you do not agree to these terms and conditions, please do not take delivery of Endless Marketing Group services.
• Agreement: By submitting the Registration form checklist Client agrees to this Agreement between Endless Marketing Group, a division of Endless Enterprises, LLC.(hereafter EMG), and Client, and all Terms and Conditions herein.
• Project Selections: By submitting the Registration form checklist, the information (including but not limited to Design Template choice, color preferences, page list, any images as part of the Design, domain, email addresses, and other influences, etc.) and any project Content Materials (page text, images, etc.) is sent to EMG and is included in this Agreement as "Project Selections." Changes to these Project Selections after this submission may be subject to additional charges.
• Project Overview: EMG will design and develop a new Semi-Custom Website for Client according to Client Project Selections and other influences as submitted with the Registration form checklist, utilizing our online systems. This project includes only the items stated in the Package description and no other deliverables in conjunction. Hosting payments remain ongoing indefinitely until Client cancels hosting service and closes account, and Early Termination fees apply. All deposits/payments are non-refundable.
• Project Procedure: EMG will assist Client as needed to complete the Registration form checklist containing Project Selections. Using this Registration checklist, Client will provide EMG with the Project Sections and any project Content Materials available. Once initial deposit, monthly Pre-Authorization and 1st monthly payment is received from Client, EMG will begin work, including all design, construction and setup tasks. At the discretion of EMG, EMG will fill in page Content, Gallery images, and/or Products if available at the onset of the Project. Any Content not available, Client may enter later at Client convenience, or pay EMG to fill in for Client after Project completion. Semi-Custom level website projects are not pre-demo’d, but instead posted live and open to the public at the completion of construction and setup. Once the website is completed and live, Client will have a chance to suggest any final corrections desired. Items for print such as postcard or business card are pre-demo’d online for Client approval, and then artwork is delivered digitally to Client. Following design/construction EMG will issue Client written Activation/Instructions email containing passwords and access information, and how to use EMG programming facilities. EMG will then contact Client to give a short Instruction Walk-thru to ensure Client is able to use programming facilities ok. Changes in or additions to this procedure are chargeable. Monthly charges continue automatically.
• Approval and Authorization / Client Rep: The Client shall designate himself or one and only one Client Representative to direct, administer, supervise and approve EMG in the development of the Client\'s Project. EMG shall not consult with any other except the one Client Representative. The approval of Client’s designated Representative, shall constitute Client’s final approval of any and all directives given to EMG and the use of website/project Content Materials.
• Services / Items included in this Project: This Project includes only the items stated in the description of Package purchased, and no other deliverables in conjunction. Depending on package purchased, further details include:
- Checklist Assistance interview as necessary.
- Domain Registration/modification assistance as necessary.
- Website (with Content Mgr Control Panel) (up to approx. 20 pages)
- Gallery (with Gallery Mgr Control Panel) (unlimited photos)
- Shop Cart (with Products/Orders Mgr Control Panel) (unlimited Products --- EMG shall enter up to approx. 10 Products for testing)
- Business card (final artwork)
- Choice of Postcard (final artwork), Flyer (final artwork) or Advertisement (final artwork)
- Email Control Panel (unlimited email addresses, but box limits apply, and no SPAM)
- Design page layouts per Project Selections (up to 3 minor corrections/revisions as needed---further changes chargeable)
- Client images worked into Design as applicable.
- Standard level Search Engine Optimization.
- CSS (style sheet), misc. Graphics, Navigation Buttons, etc. as necessary.
- Implementation of programming systems as purchased, including testing. (Proprietary. One-time Use License, Our Server only.)
- Fill in available page Content. Missing Content pages read such as “More info coming soon.” Additional Content subject to charges.
- Fill in available Gallery/Products Content. Additional Content subject to charges.
- Hosting Setups. Hosting Backups are made nightly to local server---Client assumes responsibility for additional safety copies of any and all Content Materials.
- Written Activation/Instructions containing passwords and access info, and Help resources on how to use our programming facilities.
- Instruction Walk-thru to Client (or assignee) of use of online programming systems (provided via online videos or other media).
- Technical Support for either Email (by email) and Website facilities (by email).
• Services / Items NOT included in this Project (unless expressly included in writing and chargeable hourly):
- General consultation or marketing consultation.
- One-on-One Technical Support by phone.
- Page Content Formatting.
- HTML Code instruction or HTML authoring instruction.
- Royalty-paid Stock Photos (meaning images other than Royalty-free).
- Treatments of product photos.
- Search Engine Optimization (beyond standard level), Search Engine listing or Web marketing. (SE Listings not guaranteed)
- Content or Copy writing.
- Ongoing website security updates/upgrades to latest software releases or patches.
- Disinfection of compromised websites; rescue or repair of malware, virus, ransomware, etc.
- Restoration of backup copy of website.
- Domain name Transfers.
- Changes in Project Selections, influences, requirements, and/or Content Materials after initial submission of Registration form checklist and interview, are subject to additional charges.
• Cost: The cost of the Project (including initial Deposit and ongoing monthly Hosting payments) is as stated in the Package description. Please see more information found herein under section Early Termination. Should the project itself come to more than the quoted price because of added Content, procedure changes, necessary changes to pages, etc., or unforeseen difficulties, EMG will notify Client before progressing forward.
• Payment Arrangement:
• Compensation is either pre-paid, or desposit/monthly payment terms.
• Clients may elect to pay for the entirety of their Project in one (or 2) payments (according to Package prices), in which case monthly Hosting fees are less, and these Clients are not bound by Early Termination policy fees as stated herein.
• Clients electing to pay for the entirety of their Project in one (or 2) payments, Client shall pay EMG a deposit of not less than 50% of the total Package price, and then work shall commence. Then final payment is due before going live and open to the public.
• All deposits/payments are non-refundable.
Deposit / Monthly Payments:
• Client shall pay EMG a deposit or setup fee(s) according to the payment arrangements, as stated in the Package description at the time of purchase for the completion of project items/tasks listed therein, and then work shall commence.
• Client\'s first monthly Hosting payment is included in the initial deposit, and shall cover the remainder of the calendar month at the time of purchase (ie. purchased on the 10th is covered till the first day of the following month). New billing begins on the first day of the following calendar month.
• All deposits/payments are non-refundable.
• Unless otherwise arranged, Client shall provide EMG with Hosting Payments as stated in the Package description by either PayPal Subscription (payment form available online), or a Pre-Authorization authorizing EMG to automatically debit Client\'s credit card for ongoing monthly Hosting charges (form available online).
• Client\'s monthly Hosting payments shall continue to EMG and remain ongoing indefinitely until Client cancels hosting service and closes account, but not less than the Minimum Term (12 months, or as stated). Early Termination fees apply.
• All deposits/payments are non-refundable.
Records, Billing Invoices and Statements:
• EMG shall keep record of all work assignments done for Client. EMG shall be honest and true in invoicing for only chargeable tasks and hours worked against approved work assignments completed or in progress.
• EMG shall provide a statement of account at the Client\'s request. EMG shall not send monthly bills or invoices to Client for ongoing Hosting charges. EMG shall provide a receipt for payments either directly from EMG, or by means of automated systems such as PayPal, etc. Monthly billing by email is available at additional costs.
• Minimum Term of Hosting; 12 Months or as Stated: Clients not electing to pay for the entirety of their Project in one (or 2) payments, the Minimum Term of Hosting is 12 months (or as stated in Package description) from the time of the initial Registration, regardless of completion of Project and tasks included.
• Early Termination and Fees: Client may cancel monthly Hosting service and close account at any time, by phone, email or US Post notification. If however, such cancellation occurs before the Minimum Term, Early Termination fees apply, and are due at the time of cancellation.
Early Termination fees vary per Package:
• Website/Gallery Package = $360.00
• ShopCart Website Package = $580.00
• Small Business Mini Campaign = $440.00
• Other Packages = $360.00 (unless otherwise stated in Package description)
• Past Due Hosting Payments - Account Suspensions and Closures by EMG: Failure to compensate according to Package price constitutes a breach of this Agreement and Terms and Conditions, and EMG shall have the right to discontinue Client’s License of Use, and disable the Client’s account and online facilities for payments past due.
• 30 Days = Suspension; Accounts with Hosting payments more than 30 days overdue, EMG shall Suspend the account. In such case, the account is not fully closed, and can be reactivated when payments are paid and brought up to date and current. Client shall not have access to website (front end or Control Panel Manager access), and may not sell products on line, or retrieve records from online Orders, etc.
• 60 Days = Closure; Accounts with Hosting payments more than 60 days overdue, EMG shall close the account completely. Client shall not have access to website (front end or Control Panel Manager access), and may not sell products on line, or retrieve records from online Orders, etc. In such case, the account is fully closed, and cannot be reactivated even if/when payments are paid and brought up to date and current. At the discretion of EMG, Client will be required to pay a new Deposit similar to the start of the original Project, and may be required to pay for Hosting a year in advance to be accepted again as Client in good standing by EMG.
Overdue payments and balances are subject to collections, and a finance charge of 18% annual percentage rate.
In the case of account suspensions or closures, EMG shall not be held responsible for lost Client Project data, financial data/records (Orders, etc.), or Client Project backups.
• Warranty of Payments: Client shall pay EMG per this agreement and the Package Price at the time of purchase, and EMG compensation from Client is not subject to anything except completed Project assignments as listed herein.
• Non-Refundable Deposit and Non-Refundable Monthly Payments: Client shall pay EMG a deposit or setup fee(s) and monthly payments in the exact amount as stated in the Package description for the project purchased. Any deposit or setup fees or monthly payments paid to EMG are non-refundable regardless of work completed or abandoned, regardless of termination of this Agreement for any reason, and regardless whether EMG has earned hourly or other fees, or whether EMG has incurred any costs as of the time of termination of this Agreement.
• Expected Deadline: With Project Selections submitted by Registration form checklist, and any other necessary Content Materials in hand, the project is expected to take approx. 1 week. EMG shall make every reasonable effort to meet deadlines or due dates of the Project. Should Client delay EMG in any way, EMG shall not be held to any deadlines or due dates of that project(s).
• Assignment and Subcontractors: EMG may at any time assign its obligations under this Agreement with or without Client's prior, written consent. Client shall give directions, instructions, and work orders directly and only to EMG, and may not direct, instruct, or give work orders directly to any Subcontractor.
• Project “Content"; Definition: For this Agreement, the term Project "Content" shall include, but not be limited to, all items given to EMG by Client (protected by copyright or not), including text (or copy/wording) or text files, graphics or graphic files including logos or other designs, photos, Stock photography, video or movies (in any format), audio (in any format), data contained in database(s) of any format, documents or spreadsheets of any kind, intended for inclusion with and constituting Client's website/project.
• Project “Content” and Use of Protected “Content”: Unless otherwise agreed upon herein, Client shall supply Project Content directly to EMG, or post to his/her website by way of Control Panel Manager programming. EMG shall not incorporate any Content into the website/project(s) that is not either given to EMG directly by Client, or is approved by Client to be included as Content for Client\'s project(s). EMG does not guarantee, and is not liable for the truthfulness, accuracy, effectiveness, offensiveness, or any resulting effects of the release or publication of any of the project Content. Client represents and warrants that any and all Content is released or published at Client\'s own discretion and at client\'s own risk, and is done so with any and all necessary issue-authority, and does not violate any applicable copyright. Client shall indemnify and hold harmless EMG for all claims in the event any Content is incorporated into the Client’s project(s) that is already protected by intellectual property rights of any kind.
• Legal Matters Concerning Client and Relevant Content Material Published: Client assumes full responsibility and full liability for any and all legal matters concerning Client copyright and issue authority of any instructional materials being written and published by Client and its affiliates. Client shall warranty and indemnify EMG against any legal actions taken by any parties against it. Further, Client agrees to post and publish only materials relevant to purpose and business of Client, and shall never post or publish materials relating to such topics including Psychology, Psychiatry, Psychotherapy, Hypnotism, Meditation, Religion, Politics, Sex, Pornography, Sexual Orientations, or other potentially offensive materials. EMG reserves the right to refuse service to anyone.
• Malicious Content / Security of Website Software/Programming and Access Passwords: Client shall make every reasonable effort to keep access usernames/passwords confidential and secure from theft or misuse, and shall share with only persons qualified to use facilities given Client by EMG. Further, Client shall never post malicious Content Materials, attempt unauthorized level of access to online server or programming facilities, and (as in the case of EMG online facilities compromised by way of inadequate AntiVirus protection on the part of Client on Client’s home/office computer, etc.) Client shall make every reasonable effort to protect EMG online programming facilities from Virus attacks, Hacker access, Spyware access, or other malicious entries and/or infiltration by those obtaining Client’s access password information. Further, Client is responsible for managing/ensuring general website/online facility security, software/programming website security updates/upgrades to latest software releases or patches, and the disinfection of compromised websites; rescue or repair of malware, virus, ransomware, etc., and restoration of backup copy of website. EMG shall not be held responsible of the security nor disinfection of the Client's website.
• EMG “Innovations”; Definition: For this Agreement, the term "Innovations" is defined as EMG creations, facilities and resources, and shall include, but not be limited to, all text (or copy/wording) or text files, art and artwork in any format, designs, design ideas/concepts, sketches or drawings, graphics or graphic files including logos or other designs, photos, photo composites (including collages or montages), Stock photography, video or movies (in any format), audio (in any format), database(s) and data contained in database(s) of any format, software and programs in any format, programming, code, algorithms, scripts, applets, documents or spreadsheets of any kind, or automated/self-created materials (created by programming), processes, techniques, creation ideas/concepts, inventions, works of authorship, information fixed in any tangible medium of expression (whether or not protectable under copyright laws), trade-secrets, know-how, discoveries, and any other proprietary information.
• License of Use / Intellectual Property Rights vs. "Works for Hire": The creation of certain items, including and limited to final logo artwork, business card final artwork, postcard final artwork, flyer final artwork, advertisement final artwork, or other final artwork for printing, campaign design, illustrations created specifically for Client, constitutes a "Work made for Hire”, as defined in Title 17 §101, United States Code (the Copyright Act), and upon completion and full compensation per this agreement, is then and only then the property of Client. Other creations/deliverables, including but not limited to design templates, programming and online facilities and resources (licensed to EMG or not), software and programs, programming code, algorithms, scripts, applets, and other EMG Innovations are delivered to Client in the form of a single-user license, paid for by monthly payment plan or other arrangement, is the exclusive property of EMG and is not the property of the Client, but used by Client with the permission of EMG. All EMG Innovations, and (until full compensation to EMG per this agreement) all creations created specifically for Client, are considered the “Intellectual Property” of EMG and owned exclusively by EMG. Client agrees not to copy EMG Innovations in any form, alter them in any way, nor display them in any way without the express written permission of EMG. EMG shall determine best hosting facilities for given project, and unless otherwise arranged, website and facilities shall be hosted on EMG servers, and cannot be moved to other hosting except at the discretion of EMG (if technically possible).
Simply stated, Client owns his/her Content provided to EMG as well as EMG unique Works for Hire for Client (when compensated), while EMG owns and/or leases to Client the use of reusable Template(s) designs and graphics, online Programming facilities, and Hosting facilities, and/or as applicable such reusable Template designs and Programming facilities remain “open-source” and under General Public License. Ownership claim therefore to the finished assembled work of “website” and/or “webpages,” must be separated and cannot be claimed in its entirety by any one party in this agreement. With compensation per terms of this contract, the client is assigned rights to use and display as final webpages or completed website the Content, reusable Template(s) designs and graphics, online Programming facilities, and Hosting facilities contained in the finished assembled website. Rights to reusable Template(s) designs and graphics, online Programming facilities, and Hosting facilities, source code, work-up files, and other computer programs are specifically not transferred to the client, and remain the property of EMG or their respective owners.
• Single Use Policy: Unless expressly agreed upon in writing, Client agrees that EMG grants license for only one single use of any and all final artwork pieces and/or graphics and designs delivered to Client (ie. a single postcard), and Client shall not re-use or copy any of the artwork for any repeat purpose, nor any purpose other than its one-time creation and use.
• Use of Hidden Text: For the purpose of this agreement, "Hidden Text" is defined as simply "html" and other programming code required to display the web page, perform the functions built therein, and reasonably identify the page to major Search Engines. Hidden Text shall not include passages of invisible text designed to aggressively influence major Search Engines. EMG shall include any Hidden Text in Client\'s website/project(s) as necessary to the website/project\'s functional completion, without Clients prior written consent.
• Access and Permissions Levels to Website/Project During Construction and After Delivery: During development, EMG may make all or part of the website/project available for Client\'s review as needed. Such display will be at a server of EMG\'s choice. Client shall not copy, and shall make no edits, modifications, additions or changes of any kind without the prior knowledge and consent of EMG until after final Delivery and compensation in full of the website/project.
Where EMG hosts Client’s website project, depending on the Content Manager Programming facilities (website, gallery, shopcart, etc.) and/or Hosting Control Panel facilities as applicable, EMG shall retain top-level, Super-user, top-Administrator login access to said Programming, and is not given to Client. Client is given lesser permissions Manager-level login access, allowing functions typically essential to Client use. Client understands and agrees the purpose for this policy is for the protection of both Client and EMG from anything unsuspecting clients may inadvertently cause. Examples may include Client being less than computer savvy could inadvertently open the programming security features and unknowingly compromise the programming to hackers, spammers, or other malicious abuse. Client understands and agrees that EMG has an obligation to protect EMG servers and facilities on which other clients are co-hosting.
• Rejection of Design/Revisions Submissions: Client will provide EMG with Project Selections at the time of Registration, and EMG shall construct the website/project accordingly. EMG will offer up to 3 design minor revisions (such as color change, etc.) as necessary, based on the Client’s stated requests. Further revisions are subject to additional charges per EMG rates/fees. Rejection of submitted designs or revisions, requests for one or numerous additional designs or changes, and changes to already approved designs or Content materials, are subject to additional charges per EMG rates/fees.
• 30 Days Aborted/Abandoned Project or Phase: Client acknowledges and agrees to supply EMG with Project Selections, other necessary influences, cooperation, and project Content materials in timely manner so as not to impede or inhibit the progress of EMG towards the Project completion. Should any of the Project or its tasks be impeded, obstructed, aborted or abandoned by Client before its completion and for a period of not less than 30 days, then that Project including its tasks is deemed closed, and Client shall compensate EMG in full the grand total due for that Project per Package price at the time of purchase. Ongoing monthly payment plan Projects are subject to stated monthly fees regardless of delays by Client. Project is terminated only by terms stated herein.
• Right to Display Logo or Design Credit / Right to Demo in Portfolio or Case Study: Client shall allow the placement(s) of an EMG logo or other design/production credit on the Client\'s website/project, and a link back to a page within the EMG website. The logo/Credit shall be placed in an unobtrusive manner. Such placements shall remain and shall not be removed except by permission by EMG. Client agrees to allow EMG to demo in EMG portfolio, case study, or other presentation, any and all works created for Client, after the completion and public release of project by Client.
• Delivery of Website/Project and Taxes: Upon completion, EMG shall deliver the website/project in the form of a final upload to Client\'s domain or upload to other mutually agreed upon Server, or digital artwork sent to a printer, etc., as applicable. Tangible items such as disks or printed materials are subject to Sales Tax charges as required by law.
• Remunerative Performance, Acceptability and Varying Appearance of Project: Promotion and marketing of Client\'s website/project(s) and therefore its remunerative performance, is the responsibility of the Client. EMG does not guarantee how often a client\'s website/project(s) will be visited (hits), the acceptability by Client’s audiences, any increase of leads, sales, income or business in general, nor the amount of Internet commerce that will occur through the Client\'s website. Client represents also that Client has a working understanding of computer platforms, modem speeds, and Internet Browsing, and that with different platforms, modem speeds and different makers and versions of Internet Browser software, the general appearance and technical performance of pages and programming can vary widely. EMG does not guarantee, and is not responsible for variances of appearance or technical performance of the website/project(s), including but not limited to download speeds, programming performance, Server performance, and Browser compatibility. It is the responsibility of the Client and/or the Client\'s public to connect to, and to view/access the Client\'s website/project(s) with an appropriate and/or updated Internet Browser, and any other needed software (ie. plug-in, etc.).
• Retention of Backup Copy(s): It is the responsibility of the Client to make and maintain a backup copy(s) of their website/project(s) artwork once delivered. Once delivered, EMG shall maintain a backup copy of Client\'s website/project(s) at EMG\'s discretion.
• "Developmental Files": Final artwork and final website pages are typically created out of raw or “Developmental Files”. All computer "Developmental Files” created by EMG in the process of completing Client’s final website/project(s) are the sole property of EMG. Payment by the Client to EMG is for finished and final art, pages, graphics, computer-generated prints, negatives or color separations. Copies of "Developmental Files” may be purchased by the Client at the discretion of EMG.
• EMG considers your privacy to be important.
• When Client registers to use any EMG service, EMG may ask Client (or Client may be asked by prompts from the web site, for example), to provide certain information which may include Client Name, Address (including e-mail address), and Telephone Numbers, etc. When this information is used in a manner that identifies Client, this information shall constitute "Personal Information". When this information is used in a manner that does not identify Client, this information shall constitute "Statistical or Aggregated Information".
• Federal law allows EMG to collect Personal Information from or about Client using the EMG service without Client consent in order to: (i) obtain information necessary to render the EMG service to Client and (ii) to detect unauthorized reception of service. EMG may collect other Personal Information from Client with written or electronic consent.
• EMG uses Personal Information for legitimate business activities related to the provision to Client of any EMG service, including, without limitation, to bill Client for EMG services, for accounting or tax purposes, to detect unauthorized use of a EMG service, violation of the EMG Acceptable Use Policy, or violation of law, and for mailing or sending promotional material or information to Client about products and services.
• EMG will implement reasonable security measures to protect Personal Information from unauthorized access.
• Exclusive Agreement: Upon commencement and until the completion of the project(s), Client shall employ no other vendor to supply that product or service except with the written permission of EMG.
• Non-Disclosure and Confidentiality: Both Client and EMG agree to hold all Confidential Information in strict confidence. Confidential Information shall be used only for purposes of the website/project(s) completion under this Agreement. Neither party shall disclose Confidential Information to any third party without the prior written consent of the other party. "Confidential Information" shall include, but is not limited to, EMG Innovations, designs, concepts, business plans and systems, marketing plans and systems, project research, advertising material, customer lists, business records, projections, product information, project compensation information, financial information and financial calculations and statistics, and any other information either EMG or Client designates as confidential.
• Merger of All Prior Negotiations and Amendments: This Agreement and its associated Project Selections, constitutes and contains the entire agreement and understanding concerning the subject matter between the Client and EMG, and supersedes and replaces all prior negotiations, proposed amendments or agreements, whether written or oral.
• Warranty to Indemnify: Client warrants and represents that it will indemnify EMG and EMG\'s attorneys for any and all liabilities incurred, including attorneys\' fees, should any representation or warranty Client makes in this Agreement prove to be false, or should Client at any time repudiate this Agreement, or any of its terms.
• Termination: This agreement can be terminated by either EMG or Client for the following reasons: Failure to perform, Failure to compensate per this agreement, Failure to report, Illegal activity. The terminating party shall give notice by telephone or by email, and also written notice by United States mail, postage paid, to the other party\'s given address. This Agreement shall be deemed terminated on the date either party deposits written notice, postage prepaid, into the United States mail.
• Severability: If any one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable for any reason, such provision shall be deemed to be severed and deleted. Neither such provision, nor its severance and deletion, shall affect the validity of the remaining provisions, and no other provision shall be construed as invalid, illegal, or unenforceable.
• Effective Date of This Agreement: This Agreement shall be effective from the time of the submission to EMG of the Registration checklist.
Hosting Terms / Conditions
Hosting and Email: The follwing clauses are intended specifically for and to hosting and Email services, and apply regardless of package purchased or items included in overall Project.
• Provision Of Hosting Services:
• EMG will provide certain hosting services on its computing and network systems to individual Clients in exchange for payment of fees and compliance with the terms and conditions of this document.
• EMG hosting services are defined as the use by the Client of computing, EMG systems, and information services provided by EMG. Services may include server space for website(s), access via browser systems and/or FTP systems, content management systems, gallery systems, e-commerce/shopcart systems, server space for email, access to email via local program or direct to email server, contact management systems, calendar systems, and other various utilities making up the total of Hosting Services. These services may also include the provision of hosting services provided by others via the Internet.
• EMG may provide computer software and programs with its hosting accounts. However, EMG does not provide a warranty, either expressed or implied, as to the usability or behavior of these programs, nor the protection from attackers, hackers or those attempting to exploit Client's Services.
• EMG services may contain language or pictures about subjects intended for Adult audiences. Clients less than 18 years old must have a parent or legal guardian agree to these Terms and Conditions.
• Use of Material Relating to Hosting:
• Public Domain materials (e.g., images, text, and programs) may be tranmitted, downloaded or uploaded using EMG services. The Client assumes all risks regarding the determination of whether the material is in the public domain.
• As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using EMG services without the permisssion of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
• Use of Hosting Services:
• EMG hosting accounts are for individual users (even if paid for by their employer or company account) and the Client therefore agrees not to share the password of the account. The Client acknowledges that EMG will terminate the account after appropriate notification if the Client does not comply.
• The Client agrees to maintain a secure password to the account. Secure passwords are those that are at least 5 characters long, contain two or more of the following: upper case characters, lower case characters, numbers or mathmatical characters. Password should not be found in direct or reverse order in a dictionary.
• The Client agrees not to use any process, program, or tool via EMG services for guessing the passwords of Clients on EMG or other systems. The Client agrees not to use EMG services to make unathorized attempts to access the systems and networks of others.
• Client agrees make every reasonable effort to keep his/her website programming up to date with latest release and/or patches, or notify EMG so that updates can be made on Client's behalf, and to make every effort to protect EMG systems from Virus attacks, Hacker access, Spyware access, or other malicious entries and/or infiltration by those obtaining Client’s access password information.
• The Client agrees to use the services provided by EMG as permitted by applicable local, state, and federal laws. The Client agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
• Indemnification Related to Hosting Services:
• The Client acknowledges that EMG makes no warranty of any kind, either expressed or implied, regarding the availability, quality, accuracy, or validity for the data or services provided, or information residing on or passing through Internet networks. The Client also acknowledges that the information available through the interconnecting networks may not be accurate or always available. EMG has no ability or authority over the material. Use of information obtained from or through EMG services is at the risk of the Client.
• The Client also acknowledges that some email and websites may contain viruses and/or harmfull programs, and that by browsing and viewing these email or websites, the Client may contract these viruses and/or become somehow infected. EMG has no ability or authority over these email or websites. EMG can make no warranty of any kind, either expressed or implied, regarding the safety of or provide any pre-warning of the possible precence of viruses or harmfull programming contained in these websites. The browsing of and viewing of any email or website is at the risk of the Client.
• The Client agrees to indemnify and hold EMG harmless from any claims, including attorney\'s fees, resulting from the Client receiving EMG services which cause direct or indirect damage to another party.
• Payment Of Hosting Fees And Penalties:
• The EMG hosting billing cycle is monthly, starting at the first day of the month, and continuing for one month, unless otherwise arranged.
• EMG hosting accounts which are pre-paid to take advantage of term discounts are non-refundable in the event of account cancellation.
• Delinquent accounts are those that are unpaid 30 days after the first of the month due date, or those whose payments which are refused by the Client\'s credit card company or bank.
• Delinquent accounts are subject to suspension or closure, and any applicable Early Termination fees according to the Terms and Conditions herein.
• The Client acknowledges full responsibility for the account until payment in full is made.
• Hosting Account Cancellations:
• Cancellation requests for EMG accounts must be received via acknowledged email or in writing via fax or postal service at EMG\'s main office 15 days prior to said cancellation. Such requests must be received before the billing cycle day at which the customer\'s account would normally cycle in order to be processed so that the customer is not billed for the next usage period.
• All Client accounts must be paid in full before the cancellation transaction will be considered complete.
• E-mailboxes including any email messages and attachments will be deleted and removed from EMG servers at the time of the cancellation, and cannot be retrieved at later date.
• If Client wishes to reactivate the account, he/she must contact EMG. However, account/project re-creation/re-activation fees apply, and past e-mail messages and attachments will not be able to be retrieved with new activation.
• Abuse Of Hosting Services:
• Any use of EMG system resources that disrupts the normal use of the system for other EMG users is considered to be abuse of system resources and is grounds for account suspension or closure. Examples of system misuse can include, but are not limited to violation of Clients usage limits, multiple logins, commercial misuses, sending unwanted or large amounts of unsolicited e-mail messages (spamming), posting commercial advertisements or making article posts to inappropriate servers, use of profanity, sexually explicit language, or sexually explicit material on web pages or email, use of copyrighted materials without permission of the copyright holder on web pages or email, etc.
• Modification, alteration, reverse engineering, decompilation, dissasembly or creation of derived works based on EMG\'s systems or associated utilities is an abuse of EMG services.
• Depending on the nature and the severity of the abuse, Client is subject to account suspension or closure, without prior notice.
• Violations of any of the EMG Terms and Conditions of use may be criminal offenses and may result in criminal prosecution.
BY EXECUTING THIS AGREEMENT, CLIENT ACKNOWLEDGES HAVING READ THE FOREMGOING AGREEMENT TERMS AND CONDITIONS, OR HAD IT READ TO THEM BY COUNSEL, AND CLIENT FULLY UNDERSTANDS THE TERMS AND PROVISIONS OF THIS AGREEMENT AND AGREES, AND EXECUTES IT OF HIS/HER OWN FREE ACT.
Endless Graphics, Graphic Design and Web Development – A division of Endless Marketing Group, of Endless Enterprises, LLC.