Home Marketing e-Commerce Services & Rates Gallery Inquiry  Terms and Conditions Terms And Conditions George Phoenix DBA Web Publishing, his agents and lessors, hereafter referred to as Web Publishing, offers Internet World Wide Web page design, hosting and related services to its clients. These terms and conditions of sale set forth the basic rules which apply to Web Publishing's services and use of its leased systems. Web Publishing reserves the right to modify or change these Terms and Conditions, services, leased systems or pricing from time to time. By using Web Publishing's services and leased systems, a client agrees to comply with the terms and conditions as published on-line or otherwise available from Web Publishing from time to time. If any change to the terms or conditions, Web Publishing's services, leased systems or pricing is unacceptable to a client, the client may terminate its account in accordance with the Section below. Lawful Use Web Publishing's services and leased systems may only be used for lawful purposes and consistent with all rights of other parties. Submission, transmission, or maintenance of any information or materials in violation of any U.S. or state regulations is prohibited. Without limiting the foregoing, Web Publishing's services and leased systems shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Web Publishing's leased systems must comply with the rules for such other networks. Web Publishing reserves the right to refuse service to the Customer without providing reason or cause. Copyright Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Web Publishing the rights to publish and use such material. Custom artwork and graphic logos designed by Web Publishing for use in the Customer's web presentation will remain the property of Web Publishing; at its discretion, Web Publishing will grant the Customer rights to use such material in formats other than web presentations. The Customer must obtain permission and rights to use any information or files that are copyright by a third party; the Customer is further responsible for granting Web Publishing permission and rights for use of the same. Changes to Service The services provided by Web Publishing and Web Publishing's leased systems are expected to change from time to time. Web Publishing reserves the right to change any service offered or the features of any service offered or its leased systems without notice, including changes to access and use procedures, such as idle disconnections, and leased systems hardware and software. Payment Terms A subscriber must pay fees per Web Publishing's rate schedule in effect from time to time as a condition to obtaining access to Web Publishing's services and leased systems. Rate changes will be effective when published on-line or otherwise provided to client. Payment terms of monthly fees are net 10 days. Payments not made within 30 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Monthly charges will not be pro-rated. Termination and Suspension Either subscriber or Web Publishing may, at its sole discretion, terminate the subscriber's account at any time with or without reason. Monthly charges will not be pro-rated. Termination of services by the Customer must be requested in a written notice and will be effective upon receipt of such notice. Termination or suspension does not release liability for charges due. Customers having signed an annual or semi-annual contract with Web Publishing are still obligated to pay the remaining balance of their account. E-mail or telephone requests for termination of services will not be honored. The customer will be invoiced for authoring work completed to the date of first notice of termination for payment in full within 30 days. Web Publishing may delete all data, files or other information that is stored in subscriber's account upon termination. Software Web Publishing utilizes a library of software which is "shareware" or "freeware".Web Publishing is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. Web Publishing makes no warranty of any kind, either expressed or implied, with respect to freeware or shareware available to client. Web Publishing accepts no liability of any kind with respect to such software or any damages resulting from use thereof. client subscriber and any other user assumes all risk of all kinds with respect to such software. client and not Web Publishing must pay all shareware license fees. No client or user will assert any claim against Web Publishing with respect to any shareware or freeware obtained through Web Publishing. No Warranty; Limitation of Liability Use of Web Publishing's services and leased systems and the Internet in general is at the client sole risk. Web Publishing does not warrant that its services and leased systems will be uninterrupted or error free; nor does Web Publishing make any warranty as to the results or information obtained from use of its service or leased systems or the Internet in general. Web Publishing's services and leased systems are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall Web Publishing be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The maximum liability of Web Publishing to any client or user for any and all loss, claim, damage or liability of any kind, including due to Web Publishing's negligence, shall be limited to the amount paid by the client or user to Web Publishing during the six month period preceding the claim. Indemnity The client agrees to indemnify and hold harmless George Phoenix, Web Publishing, its agents, employees and its other client subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of client's account whether or not authorized. This includes but is not limited to the Client's use of Web Publishing's services which cause damage to the Client or a third party. Non-Transferability Client's account and right to use Web Publishing's services and leased systems is not transferable without Web Publishing's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use. Confidentiality Electronic mail and other transmissions passing over the Internet and through Web Publishing's leased systems are not confidential. Accordingly, Web Publishing cannot guarantee the protection or privacy of any information of any client. Web Publishing reserves the right to monitor a client mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of Web Publishing. Web Publishing will not disclose any such information unless required to operate its leased systems or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel. Interpretation These terms and conditions supersede all previous other written and oral communications, representations, understandings, or agreements with regard to the subject matter and shall prevail notwithstanding any variance with terms and conditions of any order submitted. A waiver or modification of these terms and conditions shall only be effective if in a writing signed by George Phoenix or an authorized officer of Web Publishing. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Kansas without regard to choice of law principles.   web-pub@web-pub.com Call Toll Free: (800)-554-7227   Home Marketing e-Commerce Services & Rates Gallery Inquiry Copyright ©1995-2003 Web Publishing