Acme Web Design can not be held responsible for the correctness, completeness or quality of the information provided on our web site. Therefore, liability claims regarding any damages caused by the use of any information provided, including information which is incomplete or incorrect, will be discarded.
If on-line credit card billing fails ACME Web Design is not responsible for web site backup, furthermore client is responsible for $250.00 restoration charge to get web site back on line.
SEO (search engine optimization) is done on a month to month basis and client is free to cancel at any time. We do not offer refunds on SEO as it is done at the buyers risk, nor do we promise any results as it is more and more competitive as more business’s apply SEO to their web pages. All we offer is the results we have gotten for our clients on the portfolio page, all risk is taken by the buyer and ACME Web Design will not be made liable for refunds on services purchased for SEO, Logo Design, Web Design and Hosting services.
Referrals & Links
Acme Web Design is not responsible for any content on pages which link to us or any pages which we link too. If any damages occur by using information on referred pages, only the author of the respective page may be held liable.
Submitting Ideas To Acme Web Design
Acme Web Design does not accept or consider unsolicited ideas. This includes ideas for new products, promotions, product names, new technologies, new advertising campaigns etc… Please do not send creative or original work/suggestions to Acme Web Design. The reasoning behind this policy is to avoid misunderstandings or disputes with Acme Web Design. If you do however submit any ideas to Acme Web Design the following will apply;
You turn over all rights of your submission to Acme Web Design with no compensation to you and allow Acme Web Design to use your ideas in any way including giving them to others.
All content including text, pictures, software and any other materials created by Acme Web Design are reserved. You may not use any materials listed on our site without the written consent of Acme Web Design.
ACME Web Design Hosting Terms & Conditions
Acme Web Design reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Acme Web Design strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Acme Web Design customers and us against such harm.
Payment Policies, Fees, Refunds and Terms of Agreement –
Full payment is required before any hosting service commences, which includes renewals. Payment is due on or before your invoice due date. Billing will continue until you cancel your hosting account. You may cancel at anytime. We do not offer credits or refunds for hosting time already expended. We do however offer a 30 day money back guarantee on all new web hosting plans. This allows users to try our services for 30 days at which time a refund may be requested.
If cancellation is by Acme Web Design due to a violation of this agreement, there will be no refund. Acme Web Design will only allow for the refund if cancellation is not the fault of the client, as determined by Acme Web Design. All monetary transactions are in $US dollars where specified. Additional features can be added at any time. Acme Web Design reserves the right to change prices at any time. Original prepaid accounts and contract prices will always be honored.
Acme Web Design reserves the right to suspend an overdue account without notice and forwarded to our collections agency.
30 day money back guarantee –
We offer a 30 day money back guarantee on all new web hosting plans. This allows users to try our services for 30 days at which time a refund may be requested.
Domains, SSL Certificates and Dedicated IPs are non-refundable. SSL Certificates and Dedicated IP’s can not be transferred, however domains can be transferred if needed.
Account Cancellation – Acme Web Design reserves the right to completely remove a web sites from its servers should non-payment exceed three (3) consecutive months. Should this happen, account information may be forwarded to our collections agency.
You may cancel your web hosting account at anytime. To cancel your account, please submit a support ticket by visiting our support center at https://santabarbaraagency.com/support
and include your domain, login and password. Account cancellations must come from a contact currently attached to your Acme Web Design account and must be sent at least 30 days prior to your next payment date. Please allow up to 48 hours for confirmation. Please note that we cannot provide any refunds on any services or contracts for unused time. Renewals and transfers are non-refundable. SSL Certificates and Dedicated IPs are also non-refundable.
Indemnification Policy –
You agree to use all Acme Web Design Hosting services and facilities at your own risk. Acme Web Design specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Acme Web Design be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Acme Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Acme Web Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Acme Web Design against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with Acme Web Design’s server;
Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Any data loss including but limited tool web site files, images, media, emails, databases;
Any defective products sold to customer from Acme Web Design’s server.
Acme Web Design shall be the sole judge of what violates this Policy.
Server abuse policy –
If we determine that any site on our servers is using too much of the server’s resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server’s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing or free email businesses allowed!!
We do not allow mass email marketing sites on our servers. It doesn’t matter if it’s opt-in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server’s performance.
Acme Web Design does not permit files to live outside of the public_html directory. Files found outside of the public_html directory may be removed at the sole discretion of Acme Web Design.
SPAM Policy –
Acme Web Design is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Acme Web Design network, by customers or any other users of the Acme Web Design network (including customers’ customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the Acme Web Design’s server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Acme Web Design email address or web site URL is prohibited. The use of Acme Web Design servers as a mail drop for responses to activities described above is also prohibited.
If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.
Overselling Policy –
Acme Web Design may allow our clients to oversell their WHM resources. If we feel that a client’s WHM account is too oversold, then we have the right to upgrade that account, through consultation with the client. This policy is to prevent the abuse of resources through Acme Web Design’s clients overselling their resources and causing harm to others on the same server.
Acme Web Design has the right to refuse service, or discontinue services to those clients who use their Acme Web Design WHM account and promote “Unlimited disk space and Unlimited data transfer” hosting accounts. We take this rule extremely seriously and have no hesitation to refuse or discontinue services to any clients who is in breach of this policy.
Content Policy –
All services provided by Acme Web Design 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 Acme Web Design from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on all of Acme Web Design servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Acme Web Design will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Acme Web Design’s servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Hacker programs or archives.
File hosting websites.
Video hosting websites.
Image hosting websites.
Peer to peer sharing.
Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down and is subject to a fine.
Acme Web Design will be the sole arbiter as to what constitutes a violation of this provision.
SSH Policy – Acme Web Design enforces a strict “No SSH” policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.
CGI/PHP Scripts Policy –
Each account comes with its own cgi-bin. You are free to use any CGI/PHP scripts you wish, (as long as they are not on our banned script’s list) however we reserve the right to disable any CGI script that affects normal server operation or service to other Acme Web Design customers. You will be notified in 24 hours about an offending cgi script.
Acme Web Design is not responsible for the scripts you install on your account. It is not our responsibility to ensure your scripts function. Please don’t expect our support team to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
Acme Web Design provides limited technical support for the Server & Server related issues. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Acme Web Design.
Acme Web Design may automatically upgrade a script that has known vulnerabilities to ensure a stable environment on our shared platform. In addition, Acme Web Design may remove scripts that have no data that may pose a security risk to the server. It is your responsibility to ensure an upgrade is applied promptly if a newer version is available.
Traffic Policy – Acme Web Design does not allow the following for personal and business hosting packages unless you request written consent to do so.
1 File sharing websites
2 Video or picture sharing websites whose sole purpose is to post video and pictures online to share with others
3 Using the server just to allow file downloads, or whose sole purpose is file downloads
Acme Web Design allows for very generous traffic, and most sites never exceed 3000MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Acme Web Design’s customers are discouraged from storing any files that cause excessive traffic on Acme Web Design’s servers (such as illegal software/music). Please contact Acme Web Design Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Acme Web Design or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Backups – Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content and any information.
The “Backup Manager” is included in each VPS hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Acme Web Design, we will attempt to recover the date at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Acme Web Design will attempt to recover the data from the most recent archive for a nominal fee.
Support Policy – It is the client’s responsibility to have a good working knowledge of aspects of their site’s operation. Please do not expect the Acme Web Design support staff to teach you how to use aspects of the tools at your disposal.
Uptime Guarantee – Acme Web Design guarantees that you’re site will be up at least 99.5% of the time during a 1 (one) month period, however we are not responsible for downtime due to the following things: Acts of gods, abuse of server by another client, backbone/dns outages and cgi script overloads.