Terms of Service
The following terms of service govern a wide range of services including but not limited to custom Web design and development, domain name and email packages, social networking solutions and webmaster services. Pretty Good Designs, LLC is located 180 Primitive Acres Lane, Boones Mill, Virginia 24065 USA.
PDG's Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of the client's agreement with PGD if the client uses those Services.
By using PGD's Services, the client agrees to the defined below:
- Web Site Development
Each web site development effort will be documented in separate documents "Agreement for Production of Web Site" and "Agreement for Site Specifications" that descibe the project scope, time frame, and cost. The "Agreement for Production of Web Site"and "Agreement for Site Specifications" will become part of the Agreement between the client and PGD. Changes to the "Agreement for Production of Web Site" and "Agreement for Site Specifications" will be documented, approved by both PDG and the client, and made part of this Agreement.
- Web Site Hosting
PGD manages web site hosting on behalf of its clients. Costs, features, technical considerations, and other information is documented in a separate document "Agreement for Web Hosting Services", and if the client uses PGD for web site hosting, that document is incorporated into this agreement.
- Domain Name Registration Service
PGD manages Domain Name Registration on behalf of its clients. Costs, features, technical considerations, and other information is documented in a separate document "Agreement for Domain Name Registration Services", and if the client uses PGD for domain name registration, that document is incorporated into this agreement.
- Email Service
PGD establishes Email service on behalf of its clients. Costs, features, technical considerations, and other information is documented in a separate document "Agreement for Email Services", and if the client uses PGD for email, that document is incorporated into this agreement.
- Privacy and Confidentiality
Information provided by PDG to the client, and by the client to PGD, is to be held in confidence by the other party, using reasonable standards of security. Each party agrees to maintain access control to any and all accounts in a secure manner, so as to prevent unauthorized access to accounts, electronic mail, web sites, and other electronic media. Neither party will attempt to gain unauthorized access to data, files, services, or accounts.
- Intellectual Property
Each party represents to the best of their belief and understanding that any information provided is properly owned, licensed, or is otherwise available for use. In the event that information is found to be infringing on any third party's rights, such information will immediately cease to be used. PGD reserves the right to immediately remove any such information from the client's web site without notice or consent, if such information is reasonably believed to be infringing. Notification to the client shall immediately follow.
- Appropriate Use
Prohibition of Adult Content
The client shall not store or post adult content, or link to adult content, through the serviceheren described. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content. PGD reserves the right to immediately remove any such information from the client's web site without notice or consent. Notification to the client shall immediately follow.
Prohibition of "Warez"
The client shall not include pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. PGD reserves the right to immediately remove any such information from the client's web site. Notification to the client shall immediately follow.
Prohibition of Offensive Behavior
The client shall not include racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that PGD decides, in our sole discretion, as being improper, will result in service termination without prior notice. PGD reserves the right to immediately remove any such information from the client's web site. Notification to the client shall immediately follow.
- Age Requirements on Purchases
All buyers of goods or services from the client's site obtained through the client's site or email must be of adult age in the buyers' jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
- Intellectual Property Provisions
The client shall not store or post content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).
All content provided within or via the client's site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
- Other Material
Any material PGD judges to be inappropriate or could affect the operation of the service and/or affect other Internet users is not allowed.
In the event that PGD discovers material that could affect the operation of the service and/or affect other Internet users, PGD may at its sole discretion take actions to eliminate such content and/or activities. Notification to the client shall immediately follow.
PGD takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. the client may not use, or permit others to use, any PGD resources to partake in UCE distribution. the client may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, PGD will initiate an immediate investigation. During the investigation, PGD may restrict the client's access to the network to prevent further violations. the client will immediately be advised of the situation. If the client is found to be in violation of this TOS, PGD may, uppon notification, unilaterally restrict, suspend or terminate the violating the client's account. Further, PGD reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PGD will notify law enforcement officials if the violation is believed to be a criminal offense.
- Applicable Law
The laws of the United States of America and the State of Virginia will govern this TOS and all agreements, as well as any claim that might arise between the client and PGD, without regard to conflict of law provisions. Venue for any action shall be the CIrcuit Court or General District Court for Franklin County, Virginia.
- Payment Terms
In the event that payment is late, a Service Charge of of 1.5% per month, APR of 18% with a $1.00 minimum will be added to all Past Due amounts and PGD may at its sole discretion suspend services or stop work for the client. In the event an account is 14 days in arrears, PGD may close any and all the client's work orders and service accounts at its discretion.
PGD and the client indemnifies the other, its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach of any representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, each party shall give prompt notice to the other of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
- Electronic Signature
In compliance with the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (ESIGN Act), PGD and the client can electronically sign any and all documents and optionally store them in a private account on the Internet with SignNow, http://signnow.com The system is compliant with the UETA and the ESIGN Act and produces legally-binding documents.
SignNow is free to use and does not require an account to electronically sign a document. If the optional free account is created, it allows the client to save a digital copy of the signed document in a private account for an indefinite amount of time allowing free access and referral at any time. Although this system is designed to allow PGD and the client to go paperless, each document may be downloaded and printed at any time without charge. With or without an account, an emailed copy of each signed document will be delivered to the client.
If SignNow becomes inaccessible, PGD will make every attempt to provide another electronic signing and Internet storage option of equal value to take its place and to notify the client of the change.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
PGD can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice. PGD may provide notices to the client by posting them on this Website, or by sending them to an email address or street address that the client previously provided to PGD. Website and email notices shall be considered received by the client within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.