February 22, 2011
The services offered by Bozarts ("Bozarts" or "us" or "we" or "our") include website design and development as well as any other related Bozarts services and products, and any other features, content, services or applications offered, from time to time, by us (collectively, the "Services").
Terms of Service Summary
- You represent that you are 18 years or older and are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are retaining Bozarts services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
- You have the legal right to make decisions on behalf of the company, corporation, business, organization or individual concerning their website and other IT related resources. You are solely responsible for maintaining the security of your account, protecting your password and Bozarts is released of any liability for breach of security.
- All services and update requests must adhere to state and federal law (including but not limited to copyright and trademark laws. )
- Bozarts may include a hyperlink near your footer indicating our website design services.
- Bozarts reserves the right to terminate service at any time.
Payment, and Refunds Summary
- Bozarts premium hourly services require a deposit to commence work. Website Maintenance Plans are billed monthly as a reoccuring subscription fee. These fees are due regardless of Update Requests being made.
- For our subscription-based plans, a valid credit card or debit card is required to use the service.
- For our Website Maintenance Plans a refund will be given within the first 30 days of subscription. For our premium hourly service contracts, By retaining Bozarts services you agree to the payment terms provided on contract. Bozarts does not provide refunds on services rendered after work has commenced. Bozarts provides refunds up to 15 days of receiving payment if work has not commenced.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
TERMS OF SERVICE
By using the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation.
By retaining Bozarts Services you agree to the payment terms provided on contract. Bozarts does not provide refunds on services rendered after work has commenced. Bozarts provides refunds up to 15 days of receiving payment if work has not commenced.
All prices, including hourly service rates, are subject to change from time to time. Bozarts may choose to temporarily change the fees for the Plans & Services for promotional or new services, and such changes are immediately effective when Bozarts posts the temporary promotional event or new service on bozarts.com. Any changes to fees for Plans & Services that are not temporary or promotional will be effective thirty (30) days after Terms of Service have been altered and posted on bozarts.com. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Our hosting fees are paid through our online hosting service website. Service fees are delineated in your contract (“Project Proposal”) See sections 11-16 below for specific terms relating to our paid services and payment terms.
4. Proprietary Rights to Content
The client will provide content that they hold the copyright or paid the licence fees and will be used only upon the terms of licencing. Copyright content owned by the client may be to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.
Without this license, Bozarts would be unable to provide the Services. The license you grant to Bozarts is non-exclusive (meaning you are free to license your Content to anyone else in addition to Bozarts), fully-paid and royalty-free (meaning that Bozarts is not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that Bozarts is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).
When you post any Content on a Bozarts developed website, you provide the public in general with permission to view and use your Content depending on the privacy settings and policies of your website.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
If a website is removed from bozarts.com web hosting, the Content associated with that website may also be deleted if not duplicated by the client first. You should be aware that Bozarts is not required and may not keep back-up copies of Content (including your Content) on your website once the Bwebsite hosting is terminated. Additionally, you should independently back-up your Content.
The Bozarts Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "Bozarts Content"). Bozarts owns and retains all rights in the Bozarts Content and the Services.
We always appreciate your feedback or other suggestions you may have about Bozarts,
5. Bozarts Marks; Templates
Bozarts trademarks, logos, service marks, images, trade names and other distinctive branding features used in connection with the Services are the trademarks of Bozarts and may not be used without permission. Other trademarks that may appear on our Services are the property of their respective owners. Bozarts reserves the right to include within your website applicable Bozarts copyright and trademark notices for Bozarts and links to our web pages. All notices and links will be displayed consistently in such form and placement as determined by Bozarts and in guidance of Search Engine guidelines. For purposes of this Agreement, all templates offered by Bozarts are copyrighted material and are considered part of bozarts.com. Such templates are offered for use to Bozarts users under a limited license only, and are not offered for sale or unbridled use. Such license limits use of Bozarts templates to websites hosted by Bozarts. Bozarts templates may not be transferred to or hosted on another web host or Internet Service Provider.
6. User Support
You are responsible for implementing and maintaining all support for your website, including answering questions from your Members and Visitors. Once the website is launched, you have full responsibility for the support and maintenance of the website, or may retain Bozarts Service to provide some or all of the maintenance regarding the website. Bozarts does not provide service agreements to support Members or Visitors as relates to your business, services or products of the website.
7. Premium Services
Our premium website development services are billed at an hourly rate. These services include: website design, programming, SEO & PPC (Internet Marketing), graphic design, iphone applications and other custom application development. Premium Services are delineated in a Project Proposal with estimate. The estimate line items cost.
8. Website Maintenance Services
Our Website Maintenance services are paid by a flat-fee on a reoccuring monthly basis. Your service may be cancelled at any time. All website maintenance update requests are reviewed by our web development representatives before going into production to insure they meet the criteria under the plan you have retained. If the update request does not meet those guidelines the represetative will contact you to provide you with information on our retaining hourly services to meet your requirements.
A single website update request includes revisions to information textual content, digital images (jpgs, gif, tiff formats) web-ready videos (avi, mov) and web-ready audio (.wav, .mp3). Formatting content to prepare for the web is not included in our website maintenance plans. For example, extracting a video from a DVD , compressing and exporting it for the web, would fall under our hourly website contracted premium services and are outside the scope of the website maintenance agreement. Design changes are not included. For example, a change to the CSS (cascading style sheet) or altering the layout of the page would be considered design services. Programming changes are not included. Such as integrating shopping cart functionality. All of these services are available through our premium hourly website design services. Our 30-day money back guarantee is honored from the day you signed up to 5 pm EST on the 30th day.
9. Other Paid Services
In addition to Premium Services, you may purchase other paid services (collectively with Premium Services, the "Paid Services") which may be provided as a one-time transaction or recurring subscription in connection with an Application or as additional services. Such Paid Services may be provided solely by us or in collaboration with Application Developers, affiliates or business partners. You may be presented with additional terms related to a specific purchase before you confirm such transaction. Those additional terms will also govern that transaction.
Please note that if you enter into a transaction with a third-party, and have a dispute over the goods or services you purchased we have no liability for such goods or services. We encourage the use of Bozarts products and service but we do proide support and integration with the third-party, as a fee-based service.
You are responsible for paying all fees and applicable taxes associated with the Paid Services upon receipt of invoices with a valid payment method. You authorize Bozarts to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Bozarts. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. For Premium Services, we only offer recurring payments; therefore, you agree that Bozarts may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay Bozarts all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Paid Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) Bozarts may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Bozarts reserves the right to either suspend or terminate your Premium Services or your account with Bozarts, including removal of your website from bozarts. servers. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Bozarts within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
11. Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
12. Bozarts Communications
13. Third Party Content and Integration; Third Party Sites
If third-party integration services are required, you agree that Bozarts is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other third party's use or disclosure of your personal information. If there is a dispute between you and any third party, Bozarts is under no obligation to become involved. You release Bozarts, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
14. Privacy of Your Information
We care about the privacy of our Clients. Your information is secure on our file servers and will be destroyed after 3 years in archives or immediately upon the client's request.
You agree to indemnify, defend, and hold harmless Bozarts, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) .
16. Disclaimer of Warranties
YOUR USE OF Bozarts Services, AND ALL Bozarts ITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. bozarts.com, AND ALL Bozarts ITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bozarts AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
Bozarts AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT bozarts.com, OR ANY BozartsITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT bozarts.com, OR THE SERVER THAT MAKES bozarts.com, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bozarts MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON bozarts.com, OR YOUR BozartsITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR BozartsITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY Bozarts TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL BozartsITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Bozarts OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM bozarts.com, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
17. Changes to Bozarts Services
Bozarts reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Bozarts Services or any part thereof with or without notice. Bozarts will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.bozarts.com or elsewhere on bozarts.com. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of Bozarts Services after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.bozarts.com or elsewhere on bozarts.com. The revised version will apply to you immediately if you are a User who registers or first uses bozarts.com on or after the posting of the revised version.
19. Term and Termination
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your hosting account or contract at any time and for any or no reason. Bozarts has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your hosting account, block your email or IP address, or otherwise terminate your access to or use of Bozarts hosting, (ii) shut down a Bozarts hosting account with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
20. Effects of Terminating
Bozarts is not responsible for deleting websites on your behalf and Bozarts will not have any obligation to assist you in migrating your data to another hosting provider. Note that, even if Content is deleted from Bozarts' active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). Bozarts will have no obligation to refund any fees paid for Paid Services.
The provisions under the following sections will survive termination of this Agreement.
22. Law and Arbitration
This Agreement shall be governed by the laws of the State of New York without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of New York for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
You agree to comply with all policies applicable to Bozarts and bozarts.com, which policies are either posted on bozarts.com or provided to you. In addition, you agree to comply with all applicable laws. The failure of Bozarts to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Bozarts may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any Bozarts Products is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.), Sections 3-805 and 3-805.1 of the New York Criminal Law Code and Sections 14-3001, 14-3002 and 14-3003 of the New York Commercial Law Code. Such violations may subject you and your agents to civil and criminal penalties. This Agreement constitutes the entire agreement between you and Bozarts and governs your Services with Bozarts, superseding any prior agreements (whether written or oral) between you and Bozarts regarding the subject matter hereof. The other Users of bozarts.com are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.