General: Marketrends offers web hosting and various internet related services and solutions.
These Terms of Service set forth the basic rules, which apply, to Marketrends services. Marketrends may change these Terms of Service in the future upon notice published on-line or otherwise provided by Marketrends.
BY USING Marketrends, A CLIENT AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ON-LINE OR OTHERWISE AVAILABLE FROM Marketrends FROM TIME TO TIME.
Prohibited Uses of Marketrends Systems, Products and Services
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. It also includes posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting). Marketrends accounts or services may not be used to collect replies to messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Unauthorized use, or forging, of mail header information (e.g. "spoofing").
4. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
5. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
6. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Marketrends customers or end-users by any means or device.
7. Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any Marketrends customers or end-users whether on the Marketrends network or on another provider network.
8. Using Marketrends Products and Services to interfere with the use of the Marketrends network by other customers or authorized users.
Each Marketrends IP customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from Marketrends, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Marketrends IP customer will be forwarded to the Marketrends IP customer postmaster for action. If violations of the Marketrends Acceptable Use Policy occur, Marketrends IP customer Products and Services reserves the right to terminate services with or take action to stop the offending customer from violating Marketrends AUP as Marketrends deems appropriate, without notice.
Changes to Service: The services provided by Marketrends are expected to change from time to time. Marketrends reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, system hardware, software and pricing.
Payment Terms - Billing Terms: Our billing cycle begins on the 1st of each month. This charge will include any flat rate service charges for the upcoming billing cycle and any additional usage charges incurred in the previous months.
The preferred method of payment is a Check or Credit card made payable to Marketrends.
Delinquent accounts may have Services terminated at the discretion of Marketrends.
Termination of Service does not relieve you of liability for any outstanding funds due to Marketrends.
You agree to pay all outstanding charges in full to your account on their due date. Any charges not paid in full on their due date are subject to interest, late fees and account termination. You also agree that your billing information, including but not limited to credit card information, may be stored by MarkeTrends according to legal, secure and encrypted methods. If we have your credit card on file, we will use it to process charges to your account when they're due.
Termination and Suspension: Either the subscriber or Marketrends may terminate the client's account. Subscriber must submit to Marketrends in writing a request to terminate said subscriber's account. Such writing can be done via email to the billing department at the following email address: billing @ marketrends.net
Marketrends may delete all data, files or other information that is stored in subscriber's account or hosted Web Site or mailbox upon termination unless a prior termination or migration agreement has been reached.
Once Marketrends receives a request to terminate an account, the account will be pro-rated as follows:
If the account is not already on a monthly billing cycle, it will first be converted to a monthly cycle. Based on the plan and the monthly fee amount, a daily fee will be determined by dividing the monthly fee by the number of days in the month (for the month the account was terminated). The daily fee amount is then multiplied by the number of days prior to the day of cancellation (for that same month). This will be the amount owed on the account for that month. Any payments or credits will be applied to this amount. Any remaining balance will be due and payable to Marketrends by the account owner immediately.
Because we pay our affiliates, Marketrends does not offer refunds for any account that was setup through an affiliate. Other accounts may be eligible for a refund, but needs to be requested within 15 days of cancellation.
No Warranty Limitation of Liability: Use of Marketrends' services and the Internet in general are at user's sole risk.
Marketrends does not warrant that the services provided will be uninterrupted, error-free, free from unauthorized intrusion, or that Marketrends services or systems will meet any particular criteria of performance or quality. Nor does Marketrends make any warranty as to the results of information obtained from use of its services or the Internet in general. Marketrends' services are provided on an "as is", "as available" basis without warranties of any kind either expressed or implied.
This includes implied warranties of merchantability, fitness for a particular purpose, compatibility, security or accuracy. All such warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law.
Under no circumstances shall Marketrends be liable for any indirect, incidental, special or consequential damages, including and without limitation loss of profits. Without limiting the foregoing, Marketrends will not be liable for damages resulting from the use or inability to use all or any part of Marketrends services. Nor will it be liable for reliance by any person on information obtained through Marketrends' service or the Internet, deletion or loss of files or E-Mail, Viruses, any delay or failure of performance, or unauthorized access to records or files.
Non-transferability: Client's account and right to use Marketrends services and system is not transferable without Marketrends consent.
If applicable, client agrees to protect their password and account and to keep them secure from unauthorized users and use.
Confidentiality: Marketrends treats data and E-mail messages as private.
Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA").
The ECPA permits Marketrends (USA) limited ability to intercept and/or disclose electronic messages, including, for example:
(i) As necessary to operate the system or protect Marketrends Internet Service Provider's rights or property,
(ii) Upon legal demand (court orders, warrants, subpoenas, writs) or
(iii) Where Marketrends receives information inadvertently which appears to pertain to the commission of a crime.
Users should be aware that electronic messages might be intercepted lawfully or unlawfully outside of Marketrends' system. In addition, although Marketrends has implemented certain security measures, Marketrends cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.
Software: As a courtesy to subscribers, Marketrends has accumulated a library of software, which is "shareware" or "freeware". Marketrends is not the author of or otherwise responsible for any such software, nor is Marketrends engaged in the sale or licensing of such software. The subscriber and any other user assumes all risk of any kind with respect to such software.
The subscriber is responsible for payment of any licensing fees. No subscriber or user will assert any claim against Marketrends with respect to any "shareware" or "freeware" obtained through Marketrends or otherwise.
Custom written Scripts and Programs: Marketrends will retain Intellectual copyright for any custom written Scripts, programs or other miscellaneous utilities present on all Marketrends servers. The unauthorized copying, reverse engineering, or transmission of said material is expressly forbidden, unless prior written consent has been received from Marketrends.
Marketrends shall not be liable for any direct, indirect, incidental, special exemplary or consequential damages (Including but not limited to, procurement of substitute goods or services; loss of life, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of said scripts, programs, consultancy or any other goods or services supplied by Marketrends in relation to the service provided.
Service: Marketrends shall not be responsible for delays or failures in performance resulting from acts beyond the control of Marketrends.
Such acts shall include, but not be limited to, Acts of God, strikes, lockouts, riot or other civil disturbance, acts of war, epidemics, governmental regulations imposed after the date of this contract, fire, communication line failure, earthquakes, and/or other disasters.
Marketrends reserves the right, at all times, and from time to time, and at its own discretion, to suspend or disrupt service on a temporary basis for the purpose of routine and/or general maintenance service.
This suspension may occur without notice. Marketrends will exercise it's best efforts to make adequate advance notice of such suspension. The Subscriber will not seek to receive any credit or any form of recovery whatsoever for this category of service suspension. Subscriber is solely responsible for backing up any and all data stored on Marketrends and will indemnify and hold harmless to provider for any or all loss data due to, but not limited to, disruption of service.
FTP (File Transfer Protocol) Policies: Users will not attempt to view or download any system files or their account may be terminated.
Any such attempts are logged and sent on to an organization called CERT. Any such attempts may be prosecuted to the fullest extend of the law.
Customers shall not attempt to upload or create any duplicates of system files for their own use without prior written consent from a Marketrends System Administrator. Marketrends reserves the right to remove any suspicious files or change permissions on any suspicious files within a subscribers directory structure without any prior notice.
Customers shall not create or attempt to create non standard directory names or file names. Any such attempt shall deem an attempt at hacking into the system, and therefore the account shall be terminated without prior notice.
Report Policy violations to abuse @ marketrends.net
Summary: You are hiring us to design and develop a web site as outlined in our correspondences (emails, phone calls, etc.).
What do both parties agree to do?
You: You’ll give us everything we need to complete the project when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
We create websites and flexible layouts that adapt to the capabilities of many devices and screen sizes. We use the latest HTML, CSS and PHP technologies. We may use static visuals to indicate a look-and-feel direction (color, texture and typography.) We call that “mock up's”.
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share what we're working on and have regular, possibly daily contact. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this project, and any refund due will be paid back to you and sent via check.
Correspondence and website design quotes (RFQ's) are the specifics about your specific project with us. Those emails, correspondence and RFQ's are the written form of the things we've agreed upon. If changes need to be made, and they're not already included in the quote we've given you, we'll provide you a new quote for those specific changes.
Text content: We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.
Photographs:You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing:
We test our work in current versions of major desktop browsers. We won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing:
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work on iOS and Android. We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
We are also a website hosting company, if you choose to host with us, we'll provide support for website hosting, email or other services relating to hosting. You may already have hosting and you might even manage that hosting in-house; if you do, great. If you don’t, or aren't happy with your current hosting, we'd like to offer you our professional hosting and we can provide you with an estimate. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that.
Changes and revisions:
We don’t want to limit your ability to change your mind. The price and timeframe we've quoted is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that. If you decide to host with us, we'll provide unlimited minor updates for as long as you host with us.
Search Engine Optimization:
We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the 'top of Google', but we build every site in a way that is accessible to search engines in an effort to increase its chances. We do offer search engine optimization and can provide you a quote if desired.
No Warranty Limitation of Liability:
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule that we've talked about.