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Pretty Good Designs (PGD) provides 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 is located 180 Primitive Acres Lane, Boones Mill, Virginia 24065 USA.

These Terms Of Service (TOS) set out the terms and conditions upon which PGD will provide products and services.

Website Development

Each website development effort will be documented by a Statement of Work that descibes the project scope, time frame, and cost. The Statement of Work will become part of the agreement between you and PGD. Changes to the Statement of Work will be documented by Change Orders, approved by both PDG and you, and made part of this agreement.

Website Hosting

PGD manages web site hosting on behalf of its clients. Costs, features, technical considerations, and other information is documented in a separate document “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 “Domain Name Registration Services”, and if the client uses PGD for domain name registration, that document is incorporated into this agreement.

Privacy and Confidentiality

Information provided by PDG to you, and you 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, websites, and other electronic media. Neither party will attempt to gain unauthorized access to data, files, services, or accounts.

If the client collects information from third parties, the client will: obtain their consent, make it clear the client (and not Pretty Good Designs) are the ones collecting their information, and keep published a privacy policy explaining what information is collected and how it is used.

Intellectual Property

Each party represents 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 your web site without notice or consent, if such information is reasonably believed to be infringing.

Appropriate Use

Prohibition of Adult Content

Clients are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. 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.

Prohibition of “Warez”

Includes 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.

Prohibition of Offensive Behavior

Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.

Age Requirements on Purchases

All subscribers must be of adult age in the subscribers' 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

Clients of PGD's services are prohibited from storing or posting 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 this 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 any such content or activities are detected, PGD may at its sole discretion take actions to eliminate such content and/or activities, immediately and without notice to you.

SPAM

PGD takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Clients may not use, or permit others to use, any PGD resources to partake in UCE distribution. Clients 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 customer access to the network to prevent further violations. Client will thereafter be advised of the situation. If a client is found to be in violation of this TOS, PGD may, at its sole discretion, unilaterally restrict, suspend or terminate the violating 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

All agreements between you and PGD will be subject to the laws of the United States, the State of Virginia, and Franklin County.

Payment Terms

Payment is due 10 days after invoices are sent to the client, unless otherwise specified in the Statement Of Work or other document. In the event that payment is late, a Service Charge will be added to all Past Due amounts and PGD may at their sole discretion suspend services or stop work on projects.

Indemnification

Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), 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 or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party 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.

Severability

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.