Speck Media Inc. Web Site Design and Hosting Terms and Conditions

 

The terms and conditions of sale for web site design and hosting are as follows:

 

By continuing on with this Website via reading its content and clicking through its pages, you are agreeing to comply with and be bound by all the terms of this Agreement

 

Our clients can't use their site to do anything illegal, they must use common courtesy and common sense, their site can't contain pornography, and they accept the fact that nothing in the world is perfect, including the internet, so they won't hold Speck Media Inc. responsible financially if a rare problem arises and someone can't reach their site.

 

User accounts on our Internet servers are subject to compliance with the terms and conditions set forth herein.

 

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE. YOU FURTHER REPRESENT THAT YOU RESIDE IN THE UNITED STATES OF AMERICA, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.

 

SMI MAY CHANGE THIS AGREEMENT INCLUDING SMI PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES ON THE WEBSITE. SMI SHALL POST SUCH CHANGES AT LEAST THIRTY (30) DAYS BEFORE SUCH CHANGES BECOME EFFECTIVE, UNLESS SUCH CHANGES ARE IN RESPONSE TO A CHANGE IN LAW, JUDICIAL ORDER, OR AN URGENT CHANGE IN SMI BUSINESS, IN WHICH CASE A SHORTER PERIOD MAY APPLY. YOU AGREE TO REVIEW THIS AGREEMENT INCLUDING SMI PRIVACY POLICY FREQUENTLY IN ORDER TO NOTIFY YOURSELF OF SUCH CHANGES. YOU UNDERSTAND AND AGREE, HOWEVER, THAT YOU SHALL BE BOUND BY ALL SUCH CHANGES, IF ANY, REGARDLESS OF WHETHER YOU ACTUALLY RECEIVE SUCH NOTIFICATION.

 

USER CONDUCT

 

Speck Media Inc. services may only be used for lawful purposes.

 

Any use of these services which violates any local, state, federal, or international which may apply to Speck Media Inc., local jurisdiction, or any jurisdiction that the client or their site may be subject to is strictly prohibited

 

INDEMNIFICATION

 

The client agrees to indemnify, defend, and hold harmless Speck Media Inc. from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from their use of the service which damages either the client, Speck Media Inc., or any other party or parties without limitation or exception.

 

This indemnification and hold harmless agreement extends to all issues associated with the client’s account, including but not limited to domain name selection and Web site content.

 

This means that the client will hold Speck Media Inc. harmless and save, indemnify, and otherwise defend Speck Media Inc. against claims, demands, actions, and proceedings on any and all grounds.

 

This will apply regardless of responsibility for negligence.

 

REFUSAL OR DISCONTINUANCE OF SERVICE

 

Speck Media Inc. reserves the right to refuse or discontinue service to anyone at Speck Media Inc. sole discretion.

 

Sites containing pornography will be refused service and it established, shut down immediately upon discovery.

 

Speck Media Inc. may deny the client access to all or part of the service without notice if the client engages in any conduct or activities that Speck Media Inc. in its sole discretion believes violates any of the terms and conditions in the client- Speck Media Inc. agreement.

 

The client agrees that Speck Media Inc. has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its other clients.

 

NO WARRANTIES

 

Speck Media Inc. makes no warranties or representations of any kind for the services being offered.

 

The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.

 

No advice or information given by Speck Media Inc. or its agents or employees shall create a warranty.

 

Speck Media Inc. provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.

 

Under no circumstances shall Speck Media Inc. be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Speck Media Inc. service or any of its terms, conditions, rules, policies, guidelines, or practices, the client may contact Speck Media Inc. department or the Speck Media Inc.  Webmaster to see what can be accomplished, otherwise the client’s sole and exclusive remedy is to discontinue using the service.

 

The client understands that by placing information on Speck Media Inc. host servers that such information becomes available to all Internet users and that Speck Media Inc. has no way of limiting or restricting access to such information or protecting such information from copyright infringement.

 

The client assumes total responsibility and risk for their use of Speck Media Inc. host servers and the Internet.

 

NO INTERFERENCE WITH OPERATION OF SYSTEM

 

The client agrees not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers.

 

The client further agrees not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access.

 

The client agrees to follow the Acceptable Use Policy of any network or service they are connected to.

 

BACKUP OF DATA

 

The client’s use of the service is at their sole risk.

 

Speck Media Inc. is not responsible for files and data residing on the client’s account.

 

The client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Speck Media Inc. host servers.

 

TRANSMITTAL OF MATERIALS

 

The client agrees not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media.

 

The use of Speck Media Inc. or any other service with reference to services obtained through Speck Media Inc., for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and the client will be held fully responsible for any damages to them, Speck Media Inc., or any other party or parties resulting from any such conduct.

 

JURISDICTION

 

The agreement shall be governed by the laws of the County of Fresno and the State of California.

 

ACKNOWLEDGEMENT

 

By placing and continuing to maintain or place information on Speck Media Inc. ' host servers the client is stating and acknowledging that they have read Speck Media Inc. “terms and conditions” and that they understand such terms and conditions and agree to be bound by them.

 

If you have any questions or comments about SMI or this Agreement, you may contact SMI at:

Speck Media Inc. 323 W. Cromwell Ave, Suite 108 - Fresno Ca. 93711 - Phone: (559) 412-4520