Terms of Service

The use of services from Red Starfish Web Design ( redstarfishwebdesign.com), hereafter referred to as RSWD, constitutes agreement to these terms.

General - Web Design
RSWD provides web design and hosting services to a diverse range of clients. Some clients have no comprehension of what web design entails, or what to expect from our services. This is more often the case for clients getting their first website. RSWD makes efforts with all their clients to determine their requirements before accepting payment. The vast majority of our clients are happy with our services, and the conditions enclosed herewith are not brought into play during the design process. However, in a small percentage of cases, client's expectations are unrealistic, and sometimes ridiculously unrealistic, and we must put a limit on how much work we will do for a fixed price package or quote.

RSWD does not offer refunds!

Administrative Access to Your Website
RSWD will provide administrative access to your website, in order for you to be able to edit the content of your website and general maintain it. We do not give system level access, nor access to cPanel. This is to reduce the chance of viruses and illegal scripts finding their way onto our servers. Changes at a system level requires great expertise, and therefore is not suitable for general website editing. Some system level features may be made available to our clients, but our standard hourly rates apply for setting this up.

Ownership
Upon completion of a website design and payment of the web design and development fees, the client is the owner of the website. The client does not have the right to resell the design or development to other companies.

Moving Your Website
The client has the right to take their website to another web hosting company, for whatever reason. RSWD will make the files available such that an experienced web developer can reload the files and make the website work on a comparable hosting service. It is not our responsibility to make it work on an outside hosting service. A website must be paid up in full before it can be moved to other hosting.

RSWD is not responsible for websites that are not on our servers. The most common problem faced with our websites is poor quality (cheap) web hosting. For this reason we encourage our clients to use our web hosting. We recommend that any other hosting service you may wish to use is fitted with cPanel.

Payments and Non-payments.

We will not start a project until a deposit has been paid. We will not continue with further stages of the work until the agreed progress payments have been made. Progress payments must be made within one month of the date of invoice. Delays in progress payments and final payments beyond one month may occur penalties. When a progress or final payment is more than 2 months overdue, the project may be terminated and deleted, at our discretion. The client is still responsible for the full payment, even if the project is terminated.

As we usually give our clients access to edit their website before it goes live, it is often during this period that they are slow to edit their website, resulting in potentially long delays in the final payment. We therefore require final payment within one month of having given editing access.

Addition requests for work must be paid for before they are carried out.

In cases where we need to pay for external products or services, such as security certificates, plug-ins, domain names, etc., these must be paid for beforehand.  

Cancelation

The client agrees to pay the full amount of the project, including any requested additional work, regardless of whether the project is completed or not.  Projects may be canceled, but the client must pay for work done up to that time. It is not uncommon for clients to request for paid additions to their website, but then cancel without paying for the additional work, or without making the final payment. RSWD will be fair with cancelations, as they are often due to circumstances beyond the client's control. RSWD reserves the right to recover payments through legal action, if the client refuses to pay for work completed. 

Refunds
All payments are non-refundable upon receipt. No exceptions will be made. We will not negotiate charge backs with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.

Revisions
A revision is a minor change request, such as changing a font, pattern, or colors.
A major change such as requesting a different layout than the one you originally selected, will be charged at our standard hourly rate.
Typically, up to 3 rounds of revisions are included free with every design. (We value our customer relationship, and this value is not a hard and fast rule, but it's at our discretion.)
Once the graphics design of a website has been approved, then no further changes can be made for free.
Once a design has been approved and installed on the client’s site, the design is considered approved and completed. Any additional design changes requested after installation will incur a fee of our standard hourly rate.  We welcome ongoing requests for improvements.

Website editing
Our websites are relatively easy to edit, and it therefore the client's responsibility to edit the content in their website. RSWD will include the original content in the website, but editing is the client's responsibility. Instructions for doing this will be provided.

Communications
Once we received payment and the design of your website has commenced, you must be available via the internet, to answer all questions and complete tasks throughout the design process. Communication is via our project manager portal, and not by phone, fax, postal mail or in person. All emails must be directed though the project manager portal.

Sometimes our emails get blocked, either by your computer's email program, your computer's security, or by email providers such as Yahoo and Hotmail, etc. This happens because our emails often contain many links, and that can look suspicious to your computer programs or to your email provider. We can't know if this happens, and we cannot take responsibility for the loss of communications that happens as a result. All messages are logged on the Project Manager Portal, and you should log in to determine if messages are being emailed to your email account or not.

Turnaround Time and Content Control
RSWD generally produces websites within the advertised time, but cannot guarantee the turnaround time unless it was specifically agreed to before payment was received. The advertised time is the time when the the first draft is shown to the client. Requests for revisions will stretch out a project.

Server Blocking

Our servers have many security programs installed, so as to protect it from hackers. The most common client problem we experience is when they can no longer access their email account or website. This is usually because the wrong password has been used. We cannot be held responsible for websites being blocked. Please note that there are large hacking syndicates that constantly attack servers, looking for vulnerabilities, or trying to hack passwords. We have high level of protection on our servers as a safeguard. Please DON'T use weak passwords

Copyrights and Trademarks
The client is responsible for obtaining copyrights and permission for any photos or design elements.  RSWD is not liable or responsible for those graphics or photos.

Browsers
Any web site we create will be viewable in current versions of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Safari. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins.

Design Credit
A small indiscreet link to RSWD will appear at the bottom of the Client's website.

Graphics
Custom graphics design is not part of any design package and can be quoted on separately if required.  Custom graphics design typically refers to the use of any graphics editing software such as Adobe Photoshop and Abobe Illustrator for either design or image manipulation.

Programming
The work will will not include the writing of custom software in languages such as PHP, Javascript, Jquery, etc.  - it will be quoted on separately if required.

Acceptable Work and Rework
RSWD reserves the right to determine what is an acceptable and reasonable amount of work and rework, for any of our website package offers. Our offer is not for unlimited or endless web design. The scope of the work, including the website's appearance, functions and features, should be made clear by the client before payment is made.

Quotes and Agreements

Quotes are based on our interpretation of the specification. If functions or styles need to be exactly followed, then they should be noted individually, and individually agreed to be us in our correspondence. Whatever is available with the standard modules of the web platform we are using, will be considered to meet the clients specification. A blanket agreement from us to build a website or part of a website in a particular way, does not mean that every detail of the specification will be followed exactly. Agreement to follow a client's graphical design, is not and agreement to provide the exact functions that are on the design. We reserve the right to not of do agreed work if the cost of it is substantially greater than the quoted amount. Our websites are generally low cost, and we cannot take the time to study every small detail of a clients requirements, so it's their responsibility to spell it out in detail if something in particular is vital.

CSS
Some CSS (Cascading Style Sheet) programming may be be included as part of a package, but the scope of the design must be made clear before payment is made. 

Browser Compatibility
There are many Internet browsers on different operating systems, running various smart phones, tablets and desktops.  We cannot guarantee that you website will look identical on all of them.  Our website design is based on compatibility with latest browser versions of Internet Explorer, Firefox, Safari and Google Chrome. The old  versions of MS Internet Explorer 7 & 8 will render the website slightly different. If you require your website to render properly in old web browsers, you will need to inform RSWD before payment is made.

Responsive Themes for Smart-phones and Mobile Devices
This feature is where the page contents will expand and shrink to fit the width of the screen. In some cases sidebar regions will move down the bottom of the page, making more room for content display in a narrow screen. Some designs come with this feature built in, but others are not. If this is a requirement, RSWD must be informed before payment for the web design is made. Custom design of responsive themes may incur extra charges because the testing processes on a large variety of products is time consuming. No guarantee can be given that the responsive theme will work correctly on all devices, as not all manufactures comply with the same Internet protocols.

CSS3 and HTML5
RSWD will use these latest Internet standards for web design unless directed otherwise. CSS3 and HTML5 are now the standards for all new web browsers.

General and Web Hosting

The conditions below may not apply to clients who have special hosting packages, such as business package, corporate package, enterprise package or dedicated server packages.

Web Hosting
The following may not apply if special arrangements in writing have been made with our clients.

We do not provide client access to the hosting in order to reduce the risk of viruses and illegal scripts finding their way onto our servers. This is for the common good of all of our clients.

All of the websites designed by RSWD are hosted on our high quality leased servers. RSWD cannot be held responsible for server problems as they are out of our control.

Web Hosting packages

Custom packages can be arranged.

Standard Small Business Web Hosting Package:-  this package is standard for all our quotes, unless othewise specified.

Email accounts  - 10

Parked Domains - 5

Bandwidth - 20 Gigabytes a month

Disk space - 5 Gigabytes

Business Web Hosting Package

Email accounts  - 50

Parked Domains - 10

Bandwidth - 100 Gigabytes a month

Disk space - 10 Gigabytes

Corporate Web Hosting Package

Email accounts  - unlimited

Parked Domains - Unlimited

Bandwidth - 500 Gigabytes a month

Disk space - 50 Gigabytes

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with RSWD, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. RSWD is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

Ownership
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a website package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

2.) Content
All services provided by RSWD may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless RSWD from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email admin@redstarfishwebdesign.com with the information required.

Using an account as a backup/storage device is not permitted.

RSWD services, including all related equipment, networks and network devices are provided only for authorized customer use. RSWD systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of RSWD system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. RSWD may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Sites hosted on redstarfishwebdesign.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. redstarfishwebdesign.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like redstarfishwebdesign.com and many of redstarfishwebdesign.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, redstarfishwebdesign.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under redstarfishwebdesign.com's webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at admin@redstarfishwebdesign.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

RSWD reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

RSWD reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of RSWD.

4.) Payment Information
You agree to supply appropriate payment for the services received from RSWD, in advance of the time period during which such services are provided. You agree that until and unless you notify RSWD of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancelations must be done in writing. Once we receive your cancelation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancelation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancelation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancelation, please contact us immediately. We require that cancelations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancelation request is processed.

As a client of RSWD, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify RSWD of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by RSWD. RSWD reserves the right to bill your credit card or billing information on file with us. RSWD provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid may result in account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at sales@redstarfishwebdesign.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and RSWD cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@redstarfishwebdesign.com for any domain registration cancelation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact sales@redstarfishwebdesign.com

RSWD reserves the right to change the yearly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. RSWD is not responsible for files and/or data residing on your account. Please make arrangements with us if you need off-site back, and more frequently. This will incur a cost.

6.) Cancelations and Refunds
RSWD does not offer or give refunds. RSWD's sign-up process is only accessible to clients who have made email contact with us. This provides the opportunity for them to understand what services they will receive before any payments are made. It is therefore the responsibility of the client to understand what products and services they will receive.

7a.) Resource Usage

User may not:
1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7b.) INODES
THe folowing The use of more than 100,000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 120,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

7c.) Backup Limit
Any account using more than the allowed disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the website package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Uptime Guarantee
The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

10.) Price Change
We reserve the right to change prices listed on redstarfishwebdesign.com, and the right to increase the amount of resources given to plans at any time.

11a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold RSWD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RSWD, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RSWD against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RSWD; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from RSWD's server.

11b.) Arbitration By using any RSWD services, you agree to submit to binding arbitration. If any disputes or claims arise against RSWD or its subsidiaries, such disputes will be handled by an arbitrator of RSWD's choice.

12.) Disclaimer
RSWD shall not be responsible for any damages your business may suffer. RSWD makes no warranties of any kind, expressed or implied for services we provide. RSWD disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by RSWD and its employees.

13.) Disclosure to law enforcement
RSWD may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Dedicated Mail Policy
1. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

2. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

3. Any mailing list MUST comply with all guidelines set forth by the United States government. These can be found at:
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm .

RSWD reserves the right to change these conditions without notice.

Copyright 2013 All rights reserved - Red Starfish Web Design