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COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of myDesignGraphics.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of myDesignGraphics.com and protected by U.S. and international copyright laws. All software used on this site is the property of myDesignGraphics.com or its software suppliers and protected by United States and international copyright laws.
YOUR LICENSE
Material created for customers of myDesignGraphics.com and affiliates are delivered after full payment along with the copyrights.
Material submitted, and unless we indicate otherwise, you grant myDesignGraphics.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant myDesignGraphics.com, its affiliates, and sub-licensees the right to use the name that you submit in connection with such content, if so chosen. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify myDesignGraphics.com or its affiliates for all claims arising from content you supply. myDesignGraphics.com has the right but not the obligation to monitor and edit or remove any activity or content. myDesignGraphics.com takes no responsibility and assumes no liability for any content submitted by you or any third party.
CONTENT
We will not work with content of a racist, hateful, illegal, or overtly pornographic nature. We do occasionally work with nudity, but reserve the right to turn down any project that we feel uncomfortable with and refund any monies paid.
COMMERCIAL ADVERTISING – EMAIL
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $20.00 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
SPAM is considered sending more than 20 emails per minute (using PHP) and 10 emails/minute (using SMTP). Add no more than 100 emails/hour from webmail accounts.
Since our mail server IP can be blacklisted very fast & the server hosting hundreds of domains, our software will immediately & automatically disable mass mailers.
BANNED SCRIPTS
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
Hivemail
Telnet or SSH Access Scripts
nph-proxy (and other scripts what operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
lstmrge.cgi
phpShell
FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
BACKGROUND RUNNING PROGRAMS
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
PAYMENTS
Payment is required before we begin work on your project. We run a small, efficient operation, and in order to keep our administrative costs to a minimum, we cannot have an accounts receivable or a collections department. Our low overhead costs keeps your cost to a minimum.
Payment is accepted by credit card, PayPal®, money order, certified check, business check or personal check. Funds will be required to clear for business or personal checks before work commences, which may take 5 – 7 business days. We encourage you not to send cash through the mail to us, and will not assume responsibility for any monies lost this way.
REFUNDS
Due to the nature of our work and our products, no refunds will be made after a project or service has been delivered. If we decline to work on a project, we will issue a full refund immediately. Full or partial refunds may be given before delivery of a project or service. Domain Name registration fees are non-refundable due to ICANN fees. The deadline for any refund claim is two weeks after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you.
FREE REVISIONS
We offer free revisions to our work for 30 days when accurate, complete information has been given to us at the start of a project. We require notification of any required revisions within five days of our submission of the project for approval. If extensive or time consuming revisions are required through no fault of our own, a fee may be required for revisions. Re-designs also require a fee.
TURNAROUND TIMES
Turnaround times vary by project type. To assure that proper research & development has taken place, projects may take up to 2 weeks to 30 days to be delivered. Times start from the clearance of payment and receipt of all pertinent information and files. We will do our best to accommodate rush orders.
DELIVERY
Digital Files are sent via email when possible. Large files may be compressed or uploaded to a designated server on request. If files are required on disc, appropriate fees to create and deliver the disc will be charged. Buyer assumes the responsibility of printing digital projects. Printed projects from myDesignGraphics.com generally include standard shipping. Buyer must pay other shipping fees before work can be delivered.
THIRD-PARTIES SERVICES
myDesignGraphics.com may use third parties to provide certain services, some not accessible through this website; therefore we may act on your behalf in order to complete rendering of services, i.e. marketing & print services, etc. We do not control these third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You agree to comply with such terms and policies as well as these. If any such terms or policies conflict with myDesignGraphics.com‘s terms, agreements or policies, you must comply with those of myDesignGraphics.com.
DISCLAIMER
You agree to use all myDesignGraphics.com services and facilities at your own risk. We specifically disclaim all warranties of merchantability and fitness for a particular purpose.
myDesignGraphics.com cannot be held liable for system downtime, crashes, data loss, or any claimed damages, including incidental and consequential damages. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by us are resold. Thus, certain equipment, routing, software, and programming used by myDesignGraphics.com are not directly owned or written by us. Moreover, myDesignGraphics.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as myDesignGraphics.com sees fit.
myDesignGraphics.com is not responsible for the printing of digital or printed files. Colors of digital files may vary.
GOVERNING LAW AND JURISDICTION
All services provided by myDesignGraphics.com may be used for lawful purposes only.
By accessing this website, you agree that all terms and conditions of this website and/or its products/services shall be governed by the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Escambia County, Florida with respect to any such matters relating to your access or use of this website and/or its products.
CHANGE OF TERMS OF USE
Terms and conditions may change without notice or warning at our sole discretion. Please refer to this page for updated terms and conditions, and feel free to contact us with any questions, comments, or feedback.
