ONDABOX and its information suppliers make no representations or warranties of any kind with respect to services, information or data made available by ONDABOX, including but not limited to the warranties of fitness for a particular purpose or merchantability or non-infringement. ONDABOX and its information suppliers make no representations or warranties of any kind with respect to the truth, accuracy or completeness of any statements, information, materials, services or data made available by ONDABOX.COM or ONDABOX.NET Internet sites.
ONDABOX and its information suppliers assume no responsibility in connection with the use made available by ONDABOX.COM or ONDABOX.NET. In no event shall ONDABOX or its information suppliers be liable for any delays or failures in performance or for any interruption of this Internet site. In no event shall ONDABOX or its information suppliers be liable for any special, incidental, indirect, punitive, or consequential damages or for the loss of profit, revenue, or data however they may arise, even if the user or viewer of this Internet site has been advised of the possibility of potential loss or damage. ONDABOX does not warrant or make representations or endorsements as to the quality, content, accuracy, or completeness of the information, text, graphics, links, and other items contained on this server or any other server. Such materials have been compiled from a variety of sources, and are subject to change without notice from ONDABOX as a result of updates and corrections.
Unless otherwise legally permissible, commercial use of the materials is prohibited without the written permission of ONDABOX. All trademarks mentioned herein are the property of their respective owners. Some of the links on this and subsequent pages may lead to resources outside ONDABOX's control. The user of these resources or links should not construe the presence of these links as an endorsement. ONDABOX is not responsible for the content of such external link. Communications made through E-mail and Messaging system shall in no way be deemed to constitute legal notice to ONDABOX or any of its agencies, employees, agents, or representatives.
Web Design and Development Agreement
The client is engaging ONDABOX as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on an Internet Service Provider's computer. The client hereby authorizes ONDABOX to access this account, and authorizes the Internet Service Provider to allow ONDABOX with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs that need to be accessed for this project. The client also authorizes ONDABOX to submit their completed website to Web search engines.
Copyrights and Trademarks:
The client represents to ONDABOX and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ONDABOX for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ONDABOX and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Web Pages:
Copyright to the finished assembled work of Web pages produced by ONDABOX is owned by ONDABOX. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. ONDABOX and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Access to Internet will be provided by a separate Internet Service Provider (ISP) to be contracted by the Client and who will not be party to this agreement.
Assignment of Project:
ONDABOX reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
ONDABOX shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the Development and testing of the Web site. ONDABOX shall inform the Client promptly by telephone upon discovery of any event or problem that may significantly delay the development of the work.
Developer's Guarantee for Program Use:
ONDABOX guarantees to notify the Client of any licensing and/or permissions required for art generating/driving programs to be used.
The Client shall be responsible for making additional payments for changes requested by the Client in original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer ONDABOX the first opportunity to make any changes.
ONDABOX acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, including all materials containing said information, that are supplied by the Client to ONDABOX or developed by ONDABOX in the course of developing the Web site are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of ONDABOX.
Return of Source Information:
Upon the Client's acceptance of the Final Version, or upon the cancellation of the project, ONDABOX shall provide the Client with all copies and originals of the source materials provided to ONDABOX.
Post Placement Alterations:
ONDABOX cannot accept responsibility for any alterations made by third parties to the client's pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Refusal to Service:
ONDABOX reserves the right to refuse service for any material that the ONDABOX feels are not legal, moral or in the best interest of ONDABOX, but ONDABOX is not responsible for the content of any materials.
Errors and Omissions:
ONDABOX will use good faith to ensure pages authored by ONDABOX are free of errors, however, ONDABOX may not be held responsible for any errors that may arise in the course of authoring any pages. ONDABOX does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client's responsibility to proof their own pages for errors and inform ONDABOX of those along with any changes in layout requested by the client.
Payment of Fees:
Payment to ONDABOX is due and payable on the following schedule. At least one half upon signing of contract or estimate; the balance when the Web pages have been constructed according to the client's original written specifications. Advertising the pages to web search engines occur only after the final payment is made. All payments will be made in US funds. Payments must be made promptly. ONDABOX reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process (including all attorneys' fees and court costs). This agreement becomes effective only when signed by ONDABOX Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Aurora, Colorado, USA and any dispute will be litigated or arbitrated in Aurora, Colorado, USA.
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client's needs. Refunds for payments of completed work will not be granted. In the event of cancellation of this assignment, ownership of all copyrights and any original artwork shall be retained by ONDABOX.
The Client must copy-protect all final art that is the subject of this agreement against duplication or alteration.
Any electronic alteration of original art (color shift, mirroring, flopping, combination cut and paste, deletion) creating additional art is prohibited without the express permission of ONDABOX. ONDABOX will be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly.
Unauthorized Use and Program Licenses:
The Client will indemnify ONDABOX against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments.
Warranty of Originality:
ONDABOX warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that ONDABOX has full authority to make this agreement; and that the work prepared by ONDABOX does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Developer's product that may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD ONDABOX HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT'S USE OF THE DEVELOPER'S PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.
Limitation of Liability:
Client agrees that it shall not hold ONDABOX or his/her agents or employees liable for any incidental or consequential damages that arise from the Developer's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of ONDABOX or a third party. Furthermore, ONDABOX disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
Notwithstanding anything to the contrary contained in this contract, neither ONDABOX nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will ONDABOX be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Act of Nature, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if ONDABOX has been advised of the possibility of such damages.
The client is required to ensure that the content of their pages meets all the current US legislation regarding publications. The client shall further indemnify ONDABOX in respect of any claims, costs or expenses that may arise from any material included in their pages authored or placed on their behalf by ONDABOX
ONDABOX reserves the right to append a small hyperlink to ONDABOX's home page at the bottom of each page unless the client specifically requests in writing, signed & dated by both parties.
Laws Affecting Electronic Commerce:
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ONDABOX and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Web Hosting Agreement
ONDABOX will never require client to advertise for ONDABOX on their website in any way shape or form. Client is allowed to use site for business/commercial or personal websites or content.
All services provided by ONDABOX and it's hosting partners may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any USA Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless ONDABOX and it's hosting partners from any claims resulting from the use of the service that damages the subscriber or any other party.
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. ONDABOX and it's hosting partners will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links
- Pirated software
- Hackers programs or archives
- Warez Sites
- Spamming Software
ONDABOX and it's hosting partners will be the sole arbiter as to what constitutes a violation of this provision.
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Clients may not use the ONDABOX and it's hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the client, logging into a server or account the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ONDABOX and it's hosting partners will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Refusal of Service:
ONDABOX and it's hosting partners reserve the right at its sole discretion to refuse or cancel service. Violation of any of ONDABOX and our hosting Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Spam or Unsolicited E-Mail:
You must not use ONDABOX and it's hosting network, ONDABOX and hosting equipment or any ONDABOX and hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of ONDABOX and it's hosting network, ONDABOX and it's hosting equipment or any ONDABOX or ONDABOX hosted email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, ONDABOX and it's hosting partners reserve the right to disable your domain. ONDABOX and it's hosting partners solely reserve the right to refuse or cancel service to known spammers. Lastly, ONDABOX and it's hosting partners reserve the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
As such, any violation will result in immediate deactivation of services without refund.
Client agrees that it shall defend, indemnify, save and hold ONDABOX and it's hosting partners harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ONDABOX and it's hosting partners, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ONDABOX and it's hosting partners against liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed in connection with ONDABOX and it's hosting servers; any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party and copyright infringement. Client agrees to limit the liability of ONDABOX and hosting to the amount paid for service.
The subscriber is responsible for providing up-to-date payment information. ONDABOX will not be held responsible should the subscriber's payment information become out-of-date. If payment is by credit card, the subscriber authorizes ONDABOX's payment agent (www.paypal.com) and hosting to charge the credit card listed on the order form for those charges for ONDABOX services that may accrue from month to month, or for any past-due balances in order to bring the account to current status. Credit card payments will be billed and charged automatically, and ONDABOX may charge the amount due to the provided card at any time. Accounts are in default if payment is not received on due date. Accounts unpaid after due date may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly or quarterly charge. In the event of default, the subscriber agrees to pay ONDABOX its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. All pricing is guaranteed for a period of one-year. ONDABOX reserves the right to change pricing at any time.
ONDABOX will not be responsible for any damages your business may suffer. ONDABOX and it's hosting partners make no warranties of any kind, expressed or implied for services we provide. ONDABOX and it's hosting partners disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ONDABOX, it's hosting partners and it's employees. ONDABOX and it's hosting partners reserve the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Website and Logo Design:
Every effort will be made to ensure your website or logo design is an original creation unique to your identity. However, the client must obtain his or her own legal advice regarding securing copyright and/or trademark protection and is responsible for making sure your website and/or logo design has the correct marks and does not infringe on anyone else's design or content. (e.g. the use of the copyright ©, trademark ™, or registered trademark ® marks). We will append these marks to your website content or logo design upon your request. Further, because there are millions of website and logo designs in use in the world today and because it is not possible nor reasonable for ONDABOX to be aware of any particular design in use, we cannot be held responsible for damages, whether civil or criminal resulting from any possible infringement from website or logo designs produced by ONDABOX.
ONDABOX furthermore expects that its clients who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A client's failure to comply with those laws will violate this policy. Finally, ONDABOX wishes to emphasize that in accepting services, clients indemnify ONDABOX and it's hosting partners for the violation of any law or ONDABOX and it's hosting partners policy that results in loss to ONDABOX and it's hosting partners or the bringing of any claim against ONDABOX and it's hosting partners. This means that if ONDABOX and/or it's hosting partners are sued because of activities of the client that violate any law, or this policy, the client will pay any damages awarded against ONDABOX and/or it's hosting partners, plus costs and reasonable attorneys' fees.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
ONDABOX reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.