ITM NetCom
Web Site Design Service and Maintenance Agreement
This Web Site Design Service and Maintenance Agreement ("Agreement") is entered into by and between ITM NetCom ("ITM NetCom") a/an Arizona corporation and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of ITM NetCom Web Site Design and its related services (collectively, the "Services") and represents the entire agreement between You and ITM NetCom concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that ITM NetCom may establish from time to time, in its sole discretion, and any agreements that ITM NetCom is currently bound by or may become bound by in the future. Such Agreements may be found here. All ITM NetCom policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.
1. Design Services
Depending on the level of service purchased, ITM NetCom will create a web site tailored toward Your reasonable expectations. The service will include an initial interview, presentation of the initial design and either: 1) Build It For Me customers will receive one (1) round of site update revisions; or 2) Deluxe and Custom Build It For Me customers will receive one (1) round of design updates and one (1) round of site update revisions. If You purchase the optional favicon Service, the Service will include delivery of a standard favicon image based on your web design, logo, or web site initials. ITM NetCom will require all content copy and high quality images for inclusion in Your web site. Deluxe and Custom Build It For Me customers who request custom illustration in the Custom Header will be quoted an additional hourly design fee. Requests for additional design updates or site updates beyond the first update will result in additional hourly design fees based on our number of additional hours worked. All material must be supplied in an electronic file format and transmitted to ITM NetCom electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to our facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to our facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. ITM NetCom is not responsible for delays in web site completion due to delays in the receipt of shipped items. ITM NetCom, in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. ITM NetCom will not begin construction of Your web site until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. ITM NetCom will not return any materials provided by You in the design process. Failure to provide such material within thirty (30) days from request will result in cancellation of Your work order. No credits or refunds will be given for such cancellation. ITM NetCom will strive toward Your satisfaction, but does not guarantee that all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your publication of the web site is acknowledgement of Your satisfaction with the Services and releases ITM NetCom from any obligation for further revisions or alterations. No credits or refunds shall be given for any reason including dissatisfaction with the design created.
2. Web Site Design Service
The Services are dependent upon Your active subscription to the Web Site Design Service. During the design period, You must maintain your subscription. Failure to maintain this subscription will result in termination of the design process. Cancellation of this service within six (6) months of purchase will incur an early termination fee, the amount to be determined by the level of service. Recurring billing for your Web Site Design Service plan will begin the date of purchase. Cancellation of the service will not entitle You to a refund for the prior months' service. The Services are not transferable to Web Site Design Service accounts or other hosting accounts other than the account initially associated with the Services during the initial purchase. If You purchased custom page layout design services, the page layout design will be done prior to the web site design. If You cancel the custom page layout design service prior to work commencing, You will be entitled to a refund. If You cancel the custom page layout design service after work has commenced, You will incur a termination fee. You may apply a custom page layout design to multiple Web Site Design Service web sites for a fee of one hundred dollars ($100) per additional web site. If you apply a custom page layout design to additional web site service accounts, the template will be applied as-is with no additional changes. You may not apply a custom page layout design to any hosting account other than a Web Site Design Service account.
3. Legal Agreements
You acknowledge that You have entered into the Web Site Design Service End User License Agreement. You further acknowledge that You and ITM NetCom or a ITM NetCom affiliate ("Hosting Provider") have entered into a Hosting Service Agreement ("Hosting Agreement"). You agree to be bound by these agreements and all policies and procedures as posted on its web site.
4. Limitations
ITM NetCom strives towards creating a web site that meets Your expectations. However, ITM NetCom does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service. Every step of the Service requires Your feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Service. ITM NetCom is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback, including Your failure to initiate the process. Should You fail to initiate the creation process by not responding to the initial request for interview within thirty (30) days, Your account will be considered inactive and the Service will terminate. No refunds or credits will be given for termination due to Your failure to respond to the initial request for interview or any feedback requests. Should You delay feedback for more than thirty (30) days Your unpublished web site may be archived and will require additional activation fees to recover.
You are responsible for maintaining the security of Your account. ITM NetCom shall not be liable for any revisions or changes made by Your or any person gaining access to Your account. Any revisions requested to fix such changes shall be made in ITM NetCom's sole discretion and then only upon payment of additional fees.
ITM NetCom reserves the right to refuse any direction to create a web site that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another or for any other reason that ITM NetCom, in its sole discretion, decides. ITM NetCom has the right, but not the obligation, to back up or archive Your web site prior to publication.
The Services, the resulting product and all copies belong to Starfield Technologies. The Services, the resulting product and all copies are copyrighted and are protected by United States copyright laws and international treaty provisions with all rights reserved. Starfield Technologies grants You an unrestricted license in the web site and any products resulting from the purchase of the Services for the duration of Your Web Site Design Service subscription. Cancellation of Your Web Site Design Service subscription for any reason terminates Your license to the web site and all products resulting from the purchase of the Services. You agree to prevent any unauthorized copying of the Services or resulting products. ITM NetCom does not grant any express or implied right to You under ITM NetCom patents, copyrights, trademarks, or trade secret information. ITM NetCom may display screen shots of the resulting product online, in marketing materials or in other manners in ITM NetCom's sole discretion.
5. Maintenance and Alterations After Publication
ITM NetCom will provide a maintenance service plan of thirty (30) minutes of allocated time for the performance of maintenance and update services per billing month or cycle. If the minutes are not used in the applicable month, they will not be carried over to the next month. Should the requested revisions or updates take longer than the allotted time available under Your service plan, You may purchase additional time allotments in thirty (30) minute increments. Purchased time allotments are assigned to a predetermined billing month and may not be carried over to the next billing month. No refunds or credits will be issued for time allotments not used within the prescribed time. ITM NetCom will require all content copy and high quality images for inclusion in your web site. All material must be supplied in an electronic file format and transmitted to ITM NetCom electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to our facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to our facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. ITM NetCom is not responsible for delays in completion due to delays in the receipt of shipped items. ITM NetCom, in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. ITM NetCom will strive toward Your Satisfaction, but does not guarantee that all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your publication of the web site is acknowledgement of Your satisfaction with the Services and releases ITM NetCom from any obligation for further revisions or alterations. Once You have maintained Your Web Site Design Service subscription for a full twelve (12) months, you may contact ITM NetCom to request a subscription downgrade to a service that does not include any allocated minutes for the performance of maintenance and update services. Should You select this service, You may update Your Web site yourself using the Web Site Design control panel, or You may purchase time allotments in thirty (30) minute increments for ITM NetCom to perform the updates. Purchased time allotments are assigned to a predetermined billing month and may not be carried over to the next billing month. No refunds or credits will be issued for time allotments not used within the prescribed time. Should you select this service, you may not at a later date choose to upgrade the service to include monthly minutes of allotted time.
6. Availability of Service
Subject to the terms and conditions of this Agreement and each of ITM NetCom's policies and procedures, ITM NetCom shall use commercially reasonable efforts to attempt to provide the Services on Monday - Friday, 9am - 5pm MST basis, excluding holidays, throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that ITM NetCom may undertake from time to time; or (iii) causes beyond the reasonable control of ITM NetCom or that are not reasonably foreseeable by ITM NetCom, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that ITM NetCom has no control over the availability of the Services on a continuous or uninterrupted basis.
7. Your Obligations
By using the Services, You agree that You are age eighteen (18) or over. The Service is available only to persons who can make legally binding contracts under applicable law.
You agree that you have the appropriate rights or licenses in all logos, trademarks or intellectual property supplied by You.
You agree that all requests shall be reasonable in nature and within the scope of the Service as advertised. You also agree that You will not use the Service to create a web site that contains the following types of information: (i) personal information about children without their parent's consent, (ii) pornographic or obscene content, as determined by ITM NetCom in its sole discretion, (iii) tasteless images, (iv) excessively violent material, (v) links to web sites containing the serial numbers for unlocking software illegally, (vi) pyramid schemes, (vii) impersonations of another person, (viii) encouraging the use of a controlled substance, (ix) selling or promoting products that are unlawful in the location where the site is published, (x) advocating, promoting, or encouraging violence against any person, organization, or the government, or (xi) links to web pages containing any of the aforementioned content. You represent and warrant that you will not violate any law, third party rights, or post any false, inaccurate, misleading, defamatory or libelous content or statements on your web site.
You also agree to respond to any requests for feedback within seven (7) days. Failure to respond within thirty (30) days shall result in a non-refundable cancellation of the Service.
Upon notice that Your web site is ready for You to review, within ten (10) days of such notice, You must: (i) provide ITM NetCom with Your site update revisions; or (ii) notify ITM NetCom that You have no revisions. If You do not provide revisions or notify ITM NetCom that You have no revisions, Your web site will be published on Your behalf.
Your web site will be published on Your behalf once the web site is completed, unless You notify ITM NetCom via the Design Manager of Your election not to publish.
You acknowledge and agree that once published, all ITM NetCom's obligations under this Agreement have been met. At any time after publication, You may elect to de-publish Your web site by changing to the 'coming soon' page option.
8. ITM NetCom 's Rights and Restrictions
ITM NetCom explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by ITM NetCom ; (ii) establish limits and guidelines concerning the use of the Services; (iii) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of ITM NetCom, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that ITM NetCom determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against ITM NetCom or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (v) terminate Your use of the Services if You have not responded to requests for feedback. If ITM NetCom terminates Your use of the Services, ITM NetCom may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. ITM NetCom has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.
Revised: 1/21/2009
Copyright © 2009 All Rights Reserved.
