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All direct customers of Focal55's services
are subject to the terms and conditions contained in the Billing Policy.
The Billing Policy is a legal contract between Focal55 Art, Design and Development and
the customer that contains the rights, duties and obligations of Focal55 Art, Design and Development and the customer.
1.0 Account Payment
A. Payment by Credit Card
Focal55 Art, Design and Development uses Authorize.net which accepts
payments with Visa, MasterCard, American Express, and Discover. It is
the customers responsibility to process payments through Focal55 Art,
Design and Development's web site prior to services being rendered.
B. Other Payment Methods
Focal55 Art, Design and Development accepts payments by personal check, company check,
and money order. All funds must be payable in US dollars. Focal55 Art, Design and Development does not accept international checks in foreign currencies.
C. Returned Check Fee
In the event that a check is returned, service will be immediately suspended
and customer will be sent a suspension e-mail allowing seven (7) days to
rectify the situation. If within the seven (7) days the customer fails
to pay all service fees, including a $25.00 reactivation fee and a $25.00
returned check fee, customer's account will be permanently cancelled. Such
cancellation does not relieve client's obligation for payment under the
terms of the hosting agreement. Cancellation includes the removal of all
files on the account. In the event of a charge back, Focal55 Art, Design and Development
will immediately suspend all services to client until such time as full
payment is received in addition to a $25.00 charge back fee and a $25.00
account enable fee.
2.0 Cancellation Policy
A. Requesting an Account Cancellation
A cancellation will only be accepted if it is done by the following method:
1. The customer must submit an official notice to Focal55 Art Design
and Development cancelling that work being contracted. The notice must
include the following information:
Customer Name
Business Name
Cancellation Reason
Phone Number
All account cancellations will be processed and completed within fourteen
(14) business days from the date the notice is received .
B. Results of a Cancellation
When a cancellation request is made, Focal55 Art, Design and Development
will immediately remove all configuration information as well as all contents
of the account on the date of the next renewal of the account. Customer
may request immediate cancellation if so desired Focal55 Art, Design and
Development will remove all files.
4.0 Refund Policy
Each of Focal55 Art, Design and Development's Web packages and Advertising
Creation packages carries a 30-day money back guarantee on online advertisements
and website. Print Advertisements are considered final after customer
approves the final design and Focal55 Art Design and Development has
sent the design to the Publishing Company.
Requests for cancellation of services and refund must be submitted in writing
by either US Postal Service, fax or E-mail (phone
requests will not constitute acceptance of any cancellation) and it must
be received by us prior to the close of business on or before the 30th
day of service and your account must be paid in full. No refunds are available
after the 30th day. In the event Focal55 Art, Design and Development elects
to terminate Customer without cause, Customer shall receive a full refund
of any balance. However, if Customer terminates this agreement without
cause, there shall be NO REFUND of the Setup Fee or any remaining balance.
This policy does not apply to any additional services not specifically
mentioned herein.
7.0 Taxes
A. Customer Liability
Focal55 Art, Design and Development shall not be liable for any taxes
or other fees to be paid in accordance with or related to purchases made
from customer. Customer is solely responsible for all taxes and fees
of any nature associated with Focal55 Art, Design and Development products
and service.
Website User Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING (www.focal55.com)
WEBSITE, HEREFORTH REFERRED TO AS “THE SITE”.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY
CEASE SUCH USE. FOCAL55 ART, DESIGN AND DEVELOPMENT MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights
and trademarks are Focal55 Art, Design, and Development, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to Focal55 Art, Design, and Development
a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to Focal55 Art, Design, and Development by all means and
in any media now known or hereafter developed. You also grant to Focal55
Art, Design, and Development the right to use your name in connection
with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against Focal55 Art, Design,
and Development for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to Focal55 Art, Design,
and Development.
2. Trademarks.
Focal55 Art, Design, and Development, "Clear and obvious to the eye or mind" and/or
any other names belonging to Focal55 Art, Design, and Development, or its Web sites, seminars,
conferences, events, trade shows, publications, products, content or
services referenced herein or on the Site are the exclusive trademarks
or service marks of Focal55 Art, Design, and Development, including the "look" and "feel" of
the Site, color combinations, layout, and all other graphical elements.
Any use of Focal55 Art, Design, and Development trademarks is strictly prohibited without
the express permission from Focal55 Art, Design, and Development. Other product and company
names mentioned in the Site may be the trademarks of their respective
owners.
3. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Focal55 Art, Design, and Development,
Focal55 Art, Design, and Development does not operate, control or endorse
any information, products or services on the Internet in any way. Except
for Focal55 Art, Design, and Development identified information, products
or services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties that are
not affiliated with Focal55 Art, Design, and Development. You also understand
that Focal55 Art, Design, and Development cannot and does not guarantee
or warrant that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
Focal55 Art, Design, and Development offers a search feature within the
Site. Focal55 Art, Design, and Development explicitly disclaims any responsibility
for the content or availability of information contained in our search
index or directory. Focal55 Art, Design, and Development also disclaims
any responsibility for the completeness or accuracy of any directory
or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images,
or other content ("Material") that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
or otherwise objectionable that may invade another's right of privacy
or publicity;
b) Impersonate any person or entity, including but not limited to, an
Focal55 Art, Design, and Development official, forum leader, guide or
host or falsely state or otherwise misrepresent your affiliation with
a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely affects
the availability of its resources to other users (e.g., excessive shouting,
use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar
navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any Focal55 Art, Design, and
Development product or service if you are not expressly authorized by
such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Focal55 Art, Design, and Development PROVIDES THE SITE
AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND Focal55 Art, Design, and Development SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. Focal55 Art, Design, and Development HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Focal55 Art, Design, and Development BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Focal55 Art, Design, and Development
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Focal55
Art, Design, and Development LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless Focal55 Art, Design,
and Development, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Site from
and against all losses, expenses, damages and costs, including attorneys'
fees, resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or your use and access of the Site.
Focal55 Art, Design, and Development reserves the right to release current
or past member or Web site user information if Focal55 Art, Design, and
Development believes that a member’s account is being used to commit
unlawful acts, if the information is subpoenaed and/or if Focal55 Art,
Design, and Development deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of Focal55 Art, Design, and Development and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Site. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third
Party Rights) and 11 (Miscellaneous) shall survive any termination of
this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such third party. You agree that Focal55 Art, Design, and Development
shall not be responsible or liable for any loss, damage or other matters
of any sort incurred as the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-Focal55
Art, Design, and Development Internet World Wide Web sites or resources.
Because Focal55 Art, Design, and Development has no control over such
sites and resources, you acknowledge and agree that Focal55 Art, Design,
and Development is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
Focal55 Art, Design, and Development shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of the State of (enter state name), United States applicable
to agreements made and to be performed in the State of (enter state name),
United States. You agree that any legal action or proceeding between
Focal55 Art, Design, and Development and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting
in the County of (enter county name), State of (enter state name), United
States.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Focal55 Art, Design, and
Development failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of this Agreement.
Focal55 Art, Design, and Development may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of Focal55 Art, Design, and Development. We wish to caution
you that these statements are only predictions and that the actual events
or results may differ materially.
Privacy Statement
1. Statistical Analysis
Focal55 Art, Design and Development may perform statistical analyses of user behavior in
order to measure interest in the various areas of our site (for product
development purposes). In this statistical, we will disclose information
to third parties only in aggregate form. Personal information about
you as an individual client will not be provided to any third party
without your consent, except under the circumstances described in Compliance
with Legal Process below.
Focal55 Art, Design and Development shares the information it gathers, in aggregate form
only, with other partners. We will not release personal information about
you as an individual to third parties, except under the circumstances
described in Compliance with Legal Process below.
2. E-Mail
Focal55 Art, Design and Development will periodically send you promotional e-mail about
services offered by Focal55 Art, Design and Development. Additionally, the e-mail address
provided by you in any communications may be used by Focal55 Art, Design and Development
to contact you regarding (1) account status (including confirmation of
registration or services), (2) major changes to the Web site and or to
the Subscriber Agreement and Privacy Policy, and (3) participation in
user surveys, asking for feedback on the Web site and existing or prospective
products and services, as well as information to better understand our
users. User surveys greatly help us to improve our Web site and services,
and any information we obtain in such surveys will not be shared with
third parties, except in aggregate form.
Except as permitted by this policy, Focal55 Art, Design and Development does not send unsolicited
e-mail.
Data Security: To prevent unauthorized access, maintain data accuracy,
and ensure the appropriate use of information, we have put in place physical,
electronic, and managerial procedures to protect the information we collect
online.
3. Compliance with Legal Process
We may disclose personal information if we are required to do so by law
or we in good faith believe that such action is necessary to (1) comply
with the law or with legal process; (2) protect and defend our rights
and property; (3) protect against misuse or unauthorized use of Focal55 Art, Design and Development; or (4) protect the personal safety or property of our users
or the public (among other things, this means that if you provide false
information or attempt to pose as someone else, information about you
may be disclosed as part of any investigation into your actions).
Webhosting Terms of Service
The use of services from Focal55 Art, Design and Development [hereafter referred to as "ManifestBozeman"]
constitutes agreement to these terms.
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. Providing false
contact information of any kind may result in the termination of your
account.
2.) Content
All services provided by ManifestBozeman may only be used for lawful
purposes. The laws of the State of Montana, and the United States of
America apply. The customer agrees to indemnify and hold harmless Focal55
Art, Design and Development 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. If you believe that your
copyright or trademark is being infringed upon, please email focal55[@]gmail.com
with the information required. If
the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include: IRC Bots, Proxy Scripts /
Anonymizers, Pirated Software / Warez, ".img" / image hosting
only sites that do not host an actual domain name, Escrow, High-Yield
Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs,
and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker
focused sites/archives/programs, sites promoting illegal activities.
We reserve the right to refuse service to anyone. Any material that in
our judgement that is obscene or threatening is prohibited and will be
removed from our servers 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. If in doubt regarding the acceptability
of your site or service, please contact us 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 644 or as restrictive as possible.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" 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, email, instant messaging, or usenet/newsgroups.
Focal55 Art, Design and Development 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. Focal55 Art, Design
and Development reserves the right to charge the holder of the account
used to send any unsolicited e-mail a clean up fee. This cost of the
clean up fee is entirely at the discretion of Focal55 Art, Design and
Development.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Focal55 Art, Design and Development, in advance of the time period during which such services
are provided. You agree that until and unless you notify Focal55 Art, Design and Development
of your desire to cancel any or all services received, those services
will be billed on a recurring basis. Cancellations must be done in writing
via the cancellation form provided. Focal55 Art, Design and Development reserves the right
to change the monthly payment amount and any other charges at anytime.
We will notify you in writing and/or to your e-mai address on file to
advise you of these changes
.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Focal55 Art, Design and
Development is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored on Focal55
Art, Design and Development servers.
6.) Cancellations and Refunds
Focal55 Art, Design and Development reserves the right to cancel the
account at any time with or without notice. Any abuse of our staff in
any medium or format will result in the suspension or termination of
your services. Customers may cancel at any time via a cancellation form.
Violations of
the Terms of Service will waive the refund policy.
7.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Focal55
Art, Design and Development harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees asserted
against Focal55 Art, Design and Development, 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 Focal55 Art, Design and Development against liabilities
arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Focal55 Art, Design
and Development; (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 Focal55 Art, Design and Development's server.
8.) Disclaimer
Focal55 Art, Design and Development shall not be responsible for any
damages your business may suffer. Focal55 Art, Design and Development
makes no warranties of any kind, expressed or implied for services we
provide. Focal55 Art, Design and Development 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 Focal55 Art, Design and Development
and its employees.
16.) Disclosure to law enforcement
Focal55 Art, Design and Development 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.
17.) Changes to the TOS
Focal55 Art, Design and Development reserves the right to revise its
policies at any time without notice.
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