WEBSITE TERMS OF USE

Florida Girl Design Inc. has a responsibility to protect each of our clients and to provide the best services available. The following guidelines were written to ensure these obligations are met.

 

Prohibited Content

Any material or files that are, in our sole discretion, illegal, libelous, encourage conduct that would constitute a criminal offense, or otherwise violate any local, state, national, or international law or legislation are not permitted for use with our website services. Copyright, trademark, or trade secret material may not be used without the permission of its respectful owner. Child pornography is prohibited. Florida Girl Design Inc. will be the sole arbiter in determining violations of this provision.

 

Billing

Florida Girl Design Inc. website services are provided on a prepaid annual basis. All payments have to be made before the beginning of the year of service.

 

Payments for website management can be made with any major credit or debit card. Clients will receive their invoice 30-45 days prior to the payment due date. Website management fees which are not paid prior to the due date, will result in the website being taken offline. Websites taken offline may not be eligible to be put back online again.

 

Cancellations

Website design, website management, email, and domain fees are NON-REFUNDABLE.

 

Transferring your domain or purchasing new websites from another provider does not constitute canceling your Florida Girl Design Inc. management account. You must notify Florida Girl Design Inc. to formally cancel your account with Florida Girl Design Inc. to avoid further charges.

 

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

 

File Backup and Archival

We backup our completed websites frequently. These backups contain all of the content used on the physical website and not necessarily the content used to create the website design. This service is provided to you as a courtesy. We do not backup original content sent for the website design nor do we promise the archival of such information. This includes logos, photography, graphics, files and text documents.

 

Website Uptime

Websites managed by Florida Girl Design Inc. should be up and running at least 99.9% of the time during any given 12-month period. This includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Florida Girl Design Inc. has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name. This uptime is also not applicable if the service interruption was caused by external issues such as Acts of God, wars, or any other natural or unnatural events that Florida Girl Design Inc. cannot directly influence.

 

Limitation of Liability

YOUR USE OF FLORIDA GIRL DESIGN INC.'S WEB HOSTING AND MANAGEMENT SERVICES ARE AT YOUR SOLE RISK. ALL FLORIDA GIRL DESIGN INC. WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

 

Florida Girl Design Inc. makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Florida Girl Design Inc.'s website service.

 

In no event will Florida Girl Design Inc. be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Florida Girl Design Inc.'s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion, defect; delay in operation or transmission, deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of; or use of any record.

 

Florida Girl Design Inc. reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to Florida Girl Design Inc., you signify your agreement to these Terms of Service.

 

General Information

The Terms of Use (“TOU”) constitute the entire agreement between you and Florida Girl Design Inc. and govern your use of the Service, superceding any prior agreements between you and Florida Girl Design Inc. The TOU and the relationship between you and Florida Girl Design Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Florida Girl Design Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Clay, Florida. The failure of Florida Girl Design Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Email Terms of Use:

Click Here to view our email terms of use.