POLICY
Our Policy
By ordering our services in any way you are
agreeing to be bound by our terms and conditions below.
Disclaimer
We will not be responsible for any damages your business may suffer.
WebRJDesign makes no warranties of any kind, expressed or implied
for services we provide. WebRJDesign disclaims any warranty
or merchantability or fitness for a particular purpose. This includes
loss of data resulting from delays, and any and all service interruptions
caused by WebRJDesign, and its employees. WebRJDesign reserves the
right to change or update policies without notice.
This agreement is accepted by the Account Holder by submission
of an order for services with WebRJDesign and the Account Holder
agrees to fully abide by all terms, conditions, rules, and regulations
as described. The Account Holder also acknowledges, under the penalty
of perjury, that Account Holder's identification is accurate and
correct. Finally, Account Holder acknowledges that he/she is of
contractual capacity under the laws of the United States of America.
If any terms or conditions are failed to be
followed it will result in grounds for immediate account deactivation.
We want to provide the best possible service
to our clients and to do so, we have to set forth some guidelines
for everyone to follow. In the following terms, we are noted
as WebRJDesign as that is our business name even though we have
the WebRJDesign.com and RJDWebDesign.com sites. Even if you place
your order by phone, you are bound by these terms and conditions.
These terms and conditions override any email, chat session, or
contact of any kind with any WebRJDesign personnel. This Registration
Agreement ("Agreement") also sets forth the terms and
conditions of your use of WebRJDesign (also known as WebRJDesign.com
and RJDWebDesign.com) to register a domain name on the Internet.
This Agreement will become effective when accepted by WebRJDesign.
Christian Faith
We want you to agree that your site will not have anything on it
that contradicts the following statements:
- the Bible is the only authoritative Word
of God;
- the only means of being cleansed from sin
is through repentance and faith in the precious blood of Jesus
Christ, which is essential for personal salvation (and not through
our works)
Content:
All services provided by WebRJDesign may be used for lawful purposes
only. Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal, State
or City law is prohibited. This includes, but is not limited to:
copyrighted material, trademark, intellectual property, material
we judge to be threatening or obscene, or material protected by
trade secret and other statute without proper authorization. The
subscriber agrees to indemnify and hold harmless WebRJDesign from
any claims resulting from the use of the service which damages the
subscriber or any other party.
Pornography and sex-related merchandising and
material is prohibited on all sites hosted by WebRJDesign. This
includes sites that may infer sexual content, or links to adult
content elsewhere. If you host non-adult related content with us
and then host adult related sites somewhere else, this is also prohibited
and we can not allow someone to host on our server that would host
pornography elsewhere. If we find out that you are hosting adult
material elsewhere, we will be forced to remove your site (even
if it does not have adult material on it) from our servers.
WebRJDesign will be the sole arbiter in determining violations of
this provision. If pornography is found on our server, the offending
domain will be deleted immediately with no warning.
Also prohibited are sites that promote any
illegal activity or present content that may be damaging to WebRJDesign
servers or any other server on the internet. Links to such materials
are also prohibited. Electronic
Mail Acceptable Use Policy
Unsolicited Bulk
Email (popularly known as "spam")

Without exception, WebRJDesign decry the practice
of mass-mailing unwanted email solicitations of any type, regardless
of content, and we will do everything within our power to reduce
the flood of this type of traffic across the Internet.
WebRJDesign may, at our sole discretion, will
immediately terminate your account if your conduct fails to conform
with these terms and conditions with no obligation to refund fees
paid. You agree that WebRJDesign shall under no circumstances
be held liable on account of any action it takes, in good faith,
to restrict transmission of material that it or any user of electronic
mail service consid-ers to be obscene, lewd, lascivious, filthy,
excessively violent, harassing, or other-wise objectionable, whether
or not such material is constitutionally protected.
Electronic Mail
WebRJDesign's electronic mail service provides you with the capability
to send and receive electronic mail via the Internet. WebRJDesign
has set no fixed upper limit on the number of messages you may send
or receive through its electronic mail service; however, the storage
space associated with your electronic mail account is regulated
by the Disk Quota associated with your account. WebRJDesign will,
in our sole discretion, determine whether or not your conduct is
consistent with (i) this Agreement, (ii) any WebRJDesign operating
rules or policies.
Refusal of Service:
We reserve the right to refuse, cancel,
or suspend service at our sole discretion. All Sub-Networks, distributive
hosting sites and dedicated servers must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
WebRJDesign will be the sole arbiter as to what
constitutes a violation of this provision.
Your site cannot promote demonic, occult,
satanic, new age or anti-Christian values or beliefs; cannot promote
pro-choice or pro-abortion views; cannot promote gay or lesbian
lifestyle views; cannot promote a distorted view or faulty interpretation
of the Holy Bible (we are not talking about disputes between KJV
and NIV, we are talking of obvious misconstruing of God's Word)
Not only can you not have offending material on your sites, but
you cannot have links to any sites with offending material on them
or material listed above. If links to any offending sites are found,
we will ask you to remove them and if you do not comply, we will
then have to remove your account from our server. The above
listing is not complete by any means. WebRJDesign decides what is
offending to our family and we want everyone to abide by those rules.
WebRJDesign has the complete right to ask anyone to leave for any
offending reason at our discretion. At WebRJDesign's discretion,
access to WebRJDesign's server (and your account) may be revoked
at any time for abusive conduct on the system and/or the Internet
and its resources as a whole.
Satisfaction Guaranteed
If you try our service for 30 days, stay within our terms and conditions
stated here, and decide that it does not meet your needs within
that amount of time, then all you have to do is cancel your domain
before the 30th day and you will recieve your hosting fee back.
This does not include the domain registration fee, though, as that
is non-refundable.
E-mail
Spamming, or the sending of unsolicited e-mail or message board
posts including, without limitation, commercial advertising and
informational announcements, from our server(s) or using an e-mail
address or domain that is maintained on an WebRJDesign (webrjdesign.com
or rjdwebdesign.com) machine as reference in that spam is STRICTLY
prohibited. Domains and sites are subject to being canceled
immediately off of our server as well as fined no less than $500
US. A user shall not use another site's mail server to relay mail
without the express permission of the site. WebRJDesign will be
the sole arbiter as to what constitutes a violation of these provisions.
Domain Registration
1. Fees
As consideration for the domain name registration services provided
by WebRJDesign, you shall pay all applicable initial registration
fees and renewal fees. We register your new domain through an ICANN
approved registrar (The NameIT Corporation d/b/a NameServices.net)
and you agree to pay us $15.00 US for the first 1st year of use
upon registration and then you agree to pay $15.00 per year after
that for every year that you use the domain.
Information about our Domain Registration
procedures is on https://webrjdesign.nameservices.net/domainregistration/help.jsp
It is your responsibility to keep track of when
your renewal fees are due. An attempt will be made to notify you
when renewal fees are due. It shall be your responsibility to ensure
that such fees are paid. If you do not respond or pay within the
specified time period for registrations or renewals or if you have
the charges reversed on your credit card after ordering the domain
(even though you ordered it), you will not have access to the domain
name and the ownership of the domain will be held until the matter
is resolved. You agree that WebRJDesign shall have no liability
whatsoever with respect to any such cancellation, and that WebRJDesign
may cancel or reassign the domain name in the event of any delinquency.
We reserve the right to refuse any domain registration request at
our discretion. All domain registration fees are non-refundable.
Once the domain is ordered, we can not get your money back if you
change your mind.
To complete the registration process, you must
read and agree to be bound by all terms and conditions of this Agreement,
the accompanying fee schedule and dispute policy, and any rules
or policies that are or may be published by WebRJDesign. You acknowledge
that WebRJDesign may modify this Agreement if necessary to comply
with its Agreement with the registrar and ICANN, or for any
other business purpose.
2. Dispute Policy
In applying for a domain name, you warrant that the registration
is not made in bad faith and that the name does not conflict with
another domain name. You agree to be bound by the current
Name Dispute Policy ("Dispute Policy") which is incorporated
into this Agreement by reference. Your continued registration of
your domain name after modification to the Dispute Policy becomes
effective constitutes your acceptance of those modifications. If
you do not agree to such a modification, you may request that your
domain name be deleted. You agree that you will be subject to the
provisions specified in the Dispute Policy in effect at the time
your domain name is challenged by a third party. You also agree
that in the event a domain name dispute arises with any third party,
you will indemnify, defend and hold WebRJDesign and ICANN harmless.
3. Use of Your Information
As part of the registration process, you are required to provide
certain information and to update this information to keep it current,
complete and accurate. This information includes (i) your full name,
postal address, e-mail address, voice telephone number, and fax
number if available; (ii) the name of an authorized person for contact
purposes in the case of a registrant that is an organization, association,
or corporation; (iii) the IP addresses of the primary nameserver
and any secondary nameservers for the domain name; (iv) the corresponding
names of those nameservers; (v) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of
the technical contact for the domain name; (vi) the full name, postal
address, e-mail address, voice telephone number, and fax number
if available of the administrative contact for the domain name;
(vii) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the zone contact for the
domain name; and (viii) any remark concerning the registered domain
name that should appear in the Whois data.
You acknowledge that providing inaccurate information or
failing to update information promptly will constitute a material
breach of this Agreement and will be a basis for cancellation of
your domain name and hosting. If you license use of a domain name
to a third party, you remain responsible for providing your own
full contact information and for providing and updating accurate
technical, administrative, and zone contact information.
You acknowledge that WebRJDesign will make some of the information
that you provide during the registration process publicly available
as required by ICANN. Additionally, you acknowledge that ICANN may
impose guidelines, limits and/or requirements that relate to the
amount and type of information that WebRJDesign may or must make
available to the public or to private entities. WebRJDesign will
not otherwise disclose your information to any third party unless
it is required to maintain your domain name. You may request a copy
of your information in WebRJDesign's possession to review, modify
or update such information.
4. Use Policies
WebRJDesign reserves the right to suspend or cancel your domain
name in the event that you use the domain name to send unsolicited
commercial advertisements in contradiction to either applicable
laws or customary acceptable usage policies of the Internet, or
if you use your domain name in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf
by anyone acting as your agent (e.g., an Internet Service Provider,
employee, etc.), you are nonetheless bound as a principal by all
terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third
party, you remain the domain name holder, and remain responsible
for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT WebRJDesign AND/OR NameServices.net WILL NOT BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a)
ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b)
THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO WebRJDesign/NameServices.net'S REGISTRATION
SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF
DATA BETWEEN YOU AND WebRJDesign; (e) EVENTS BEYOND
WebRJDesign'S; (f) THE PROCESSING OF THIS APPLICATION;
(g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD
ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE
OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i)
THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WebRJDesign OR NameServices.net
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF WebRJDesign HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL WebRJDesign'S MAXIMUM LIABILITY EXCEED
THE TOTAL AMOUNT PAID BY YOU TO WebRJDesign FOR REGISTRATION OF
YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE
STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT
PERMITTED BY LAW.
8. Representations and Warranties
You represent and warrant that all information provided by you in
connection with your registration is complete and accurate.WebRJDesign
makes no representation or warranties of any kind in connection
with this Agreement. WebRJDesign does not represent or warrant that
registration of your domain name will immunize you from challenges
to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be
remedied by you within 30 days of notice by WebRJDesign. If you
fail to cure the breach, WebRJDesign may revoke your registration
of the domain name.
You also agree that WebRJDesign shall have the right in its
sole discretion to revoke, suspend, transfer or otherwise modify
a domain name registration upon seven (7) calendar days prior written
notice, or at such time as WebRJDesign receives a properly authenticated
order from a court of competent jurisdiction, or arbitration award,
re-querying the revocation, suspension, transfer or modification
of the domain name registration.
Nothing contained in this Policy shall be construed as creating
any agency, partnership, or other form of joint enterprise between
the parties. The failure of WebRJDesign to require your performance
of any provision hereof shall not affect the right to require such
performance thereafter; nor shall the waiver by WebRJDesign of a
breach of any provision hereof be taken or held to be a waiver of
the provision itself.
System and Network Security
Violations of the WebRJDesign system or network security are prohibited,
and may result in criminal and civil liability. WebRJDesign will
investigate incidents involving such violations and may involve
and will cooperate with law enforcement if a criminal violation
is suspected. Examples of system or network security violations
include, but not limited to, the following:
- Unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without express authorization of the owner
of the system or network.
- Unauthorized monitoring of data or traffic
on any system or network without express authorization of the
owner of the system or network.
- Interference with service to any user including,
but not limited to, mailbombing, flooding, deliberate attempts
to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any
part of the header information in an e-mail or a newsgroup posting.
WebRJDesign reserves the right to report illegal
activities to any and all regulatory, administrative, and/or governmental
authorities for prosecution.
IRC
We currently do not allow IRC or IRC bots to be operated on our
servers.
Age
The client must be 18 years of age to obtain our service.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer,
of WebRJDesign is strictly prohibited.
Newsgroups
Posting the same or similar message to one or more news groups (excessive
cross-posting or multiple-posting, also known as "SPAM")
is explicitly prohibited.
WebCams
Transfer monsters. We do not allow webcams because they really
take tons of transfer and unless you are willing to help us pay
for the extra bandwidth, please don't use them. If you must use
one and want to help pay for the extra bandwidth please contact
us to discuss it first.
Transfer
We reserve the right to ask you to move your domain or upgrade to
another server option that suits your needs if your site takes up
more than a fair share of the server resources (over 10%). This
can include excessive use of cgi resources, system resources, or
excessive use of bandwidth. One way to help is to not allow people
to link to your graphics or sound files. That can add up fast and
take up your bandwidth before you know it. We allow bandwidth starting
at 1 GB per month, but the load on the server from various applications
and cgi processes can also cause big problems and we will address
that if needed. There will not be any surprise bills, but we will
ask you to remedy this problem and if it is not possible for you
to do that, you will be expected to upgrade or move.
Please read our policy
on transfer. You must agree to
that policy also before signing up.
IP numbers
WebRJDesign maintains control and any ownership of any and all I.P.
numbers and addresses that may be assigned to the client and reserves
in its sole discretion the right to change or remove any and all
IP numbers and addresses. (You retain the ownership of your domain
name and all material owned by you contained in your site, though.)
Indemnity
You agree to defend, indemnify and hold harmless WebRJDesign and
any applicable domain name registry, including Network Solutions,
Inc., and the directors, officers, employees and agents of each
of them, for any loss, damages or costs, including reasonable attorneys'
fees, resulting from any third party claim, action, or demand related
to your domain name or the use thereof. This indemnification
is in addition to any indemnification required under the Dispute
Policy. We do not own your domain name nor do we want to (unless
you do not pay for it and we have to transfer the ownership to us
- see the section on domain registration above) and we do not claim
ownership of your content. It is completely yours. All
content on your web site is considered a publication of yours and
we are not to be held responsible for anything you present on the
web through your domain in any way.
Limitation of Liability
WebRJDesign and/or WebRJDesign shall not be responsible for any
claimed damages, including incidental and consequential damages,
which may arise from WebRJDesign's servers going off-line or being
unavailable for any reason whatsoever. Further, WebRJDesign and/or
WebRJDesign shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of WebRJDesign's servers. All
damages shall be limited to the immediate termination of your service.
WebRJDesign will not be held responsible for any problems that a
reseller's customer may have. We will always do our best to
keep things running smoothly and to ensure that your web experience
is the best.We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your Account Number, Password
or security authentication; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information or
service(s) provided under this agreement; (6) loss or liability
relating to the deletion of or failure to store e-mail messages;
(7) loss or liability resulting from the development or interruption
of your Web site; (8) loss or liability from your inability
to use our mail service; or (9) loss or liability that you
may incur in connection with our processing of your application
for our services, our processing of any authorized modification
to your domain name record or your agents failure to pay any fees,
including the initial registration fee or reregistration fee.
Advertisement
We will advertise your domain name with a text link rotated with
others on our main pages as long as you host with us, provided that
you have a Christian or family friendly site that will not conflict
interests with our site.
Refusal of Service
WebRJDesign shall be the sole arbiter of what is and is not a violation
of these acceptable use policies. WebRJDesign reserves the right
to terminate any account at any time and for any reason. WebRJDesign
reserves the right to delete all content and files upon termination.
WebRJDesign reserves the right to withhold any pre-paid funds for
any site removed for violations of these policies. WebRJDesign reserves
the right to refuse, cancel, or suspend service at our sole discretion.
In the event that any provision of this Agreement
is deemed unenforceable or invalid, such unenforceability or invalidity
shall not affect the remainder of this Agreement. WebRJDesign may
amend or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives
and intent of WebRJDesign as reflected in the original provision.
This Agreement and all rights hereunder
shall be governed by the laws of the State of New York. Any action
relating to this Agreement or to your use of the WebRJDesign site
shall be brought exclusively in the courts of New York in the USA.
WebRJDesign reserves the right to change the Acceptable Use
Policy without prior notice or warning. Non-enforcement of any part
of the Acceptable Use Policy does not constitute consent. This Agreement,
the WebRJDesign fee schedule, the hosting terms of use and the Dispute
Policy, together with all amendments or modifications to any of
them, constitute the complete and exclusive agreement between you
and WebRJDesign, and supersede and govern all prior proposals, agreements,
or other communications. All Sub-Networks and distributive hosting
sites of WebRJDesign must adhere to the above policies.
Complaints regarding Illegal Use or System
or Network Security issues and complaints regarding email abuse
or SPAM should be sent to webrjdesign@optonline.net
Failure to follow any term or condition will
be grounds for immediate shut down. |