Terms of Service

If you have any questions regarding this Terms of Service please email me at contact@eltonvinson.com.

The use of services from Elton Vinson [also referred to as eltonvinson.com], constitutes agreement to these terms.

Web Design

You must agree to develop at least 50% of the written text for your website. After initial consultation a go-live date will be set, and work on your site will begin.

You will be presented the design and content layout for approval. You are responsible for testing the functionality of the website upon eltonvinson.com request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc. Upon your approval of the website to go live you agree services have been rendered and functionality of website has been tested and approved.  After you approve the website, the website will go live. I will review the text before the website goes live to correct any possible errors, but I will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by you and published on the website. You will be notified by email or phone that the website is now live.

A website cannot be completed without submission of complete content, design approvals and participation from you. If you cause scope creep by continuing to submit additional content throughout the development process, the completion time frame is increased. If you do not submit complete content and I am not able to start or complete the website, you are still responsible for all hosted service charges that begin accruing from date of sale.

Non-Communication

If we are unable to communicate with you on a project for a duration of thirty days during the design and development process, the project will be put on hold.

E-commerce/Stores

You will be provided with instructions to input products into the website yourself. If you aren't comfortable inputting the products yourself, I can arrange for the work to be done at an additional cost to you the customer.

Transfer of ownership

After the initial 12 months of service, eltonvinson.com transfers all rights and ownership of website to you. Software and third party graphics or programs are not transferred to you and remain under copyright of their respective owners.

I reserve the right to display websites designed for clients in marketing material to aid as examples of my work.

Client Self Updates

You may wish to make changes or updates to the live website that eltonvinson.com is hosting thru the content management system that I provide clients. I'm not responsible for any changes you make to your website, or if you break your website. At your request we will restore your website to the state of its last backup.

Enhancements to Website

Website enhancements such as new feature request that occur after the initial scope of the project has been established will be quoted a price separate from the initial cost of the website. Website redesigns are $100.

Managed Website Services

Domain Names

You are entitled to either one free domain name or one free domain transfer. As long as you're a client of eltonvinson.com your domain will be renewed free of charge. Your free domain doesn't include aftermarket domains. After the initial 12 months of service the domain name ownership is transferred to you. I'm not responsible to determine whether the domain name you use infringes legal rights of others.

Client System Access

Clients are granted access to their website via a Content Management System (CMS). Website content, FTP access, and email addresses can be managed from the CMS by you the customer.

Email Accounts

You will have access to email accounts like, you@yourdomain.com. I take a zero tolerance stance against the sending of unsolicited e-mail (SPAM). "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Any account which results in an eltonvinson.com IP space being blacklisted will be terminated, with or without warning.

Resource Usage

By default you are allocated 2GB of storage and a monthly bandwidth allowance of 20GB. Should your account surpass the storage and bandwidth allocations, I will review your usage and help you make adjustments to reduce it. If your storage and bandwidth usages are necessary your account will be upgraded free of charge to maintain website operations. FTP accounts used as a backup location is not allowed by the client.

Uptime Guarantee

If your website has an unapproved downtime that drops your average uptime below 99.9% within a given month, you may receive one month of credit on your account. Approval of the credit is at the discretion of eltonvinson.com dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the website is defined as the reported uptime from the system on which it is hosted, which may differ from the uptime reported by other individual services. To report an outage email contact@eltonvinson.com with the details.

Backups and Data Loss

Your use of this service is at your sole risk. Full backups are completed once a week and are retained for one week. Backups will not be provided for accounts that have been suspended or terminated.

Web Marketing

I'm not responsible for changes made to the website by other parties, including you, that may adversely affect your websites search rankings.

While I will make every effort to optimize your website for the keyword phrase agreed upon, so that you are ranked number one in the major search engines. I cannot guarantee your sites rank. I don't work for the search engine companies and therefore have no control over a specific rank. My job is to increase the likely hood of your website to rank on the first page of major search engines, for the keyword phrases that we agree upon.

I don't use black hat SEO tactics that are frowned upon by search engines.

You understand the payments made for my services do not include paid search engine ads, directory submissions, or press releases.

Code of Ethics

All services provided by eltonvinson.com may only be used for lawful purposes; based on the laws of the United States of America.

Use of eltonvinson.com services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation will have access to the material disabled. Any account found to be in repeated violation of copyright laws will be terminated.

I reserve the right to refuse service to anyone. Any material that, in my judgment, is obscene, threatening, illegal, or violates my terms of service in any manner may be removed from systems managed by eltonvinson.com, with or without notice.

Examples of websites that are not eligible for my services include:

  • Adult oriented websites
  • Gambling-related websites, including lotteries Any activities that are illegal in the United States.
  • Competitor websites (sites that offer web hosting, web marketing , or website design)
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Sites advertised via SPAM
  • No organization or entity listed in the ROKSO (Register of Known Spam Operations)
  • Gaming servers
  • File-sharing/Peer-to-Peer Networks
  • Bit torrent application, tracker, or client.
  • Any website that interfaces with an IRC (Internet Relay Chat) network.
  • Web spider or Indexer
  • Websites that run any unattended daemons, such as IRCD.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, and reported to the appropriate law enforcement agency.

eltonvinson.com systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of eltonvinson.com services constitutes consent to monitoring for these purposes.

If in doubt regarding the acceptability of your website or service, please contact me at contact@eltonvinson.com and I will be happy to assist you.

Contact Information

It is your responsibility to provide us with an email address which is not at the domain you are signing up under. If I need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you need to verify or change this information, you should contact me via email. Providing false contact information of any kind may result in the termination of your account.

Client agrees that eltonvinson.com may send electronic notifications to the email address on file. Client agrees to check the designated email addresses regularly for Notices. Notices from eltonvinson.com are effective when sent by eltonvinson.com, regardless of whether the Notice is read or received by Client.

Payment Information

By default all payments are processed thru PayPal. However in some cases we may discuss other payment options for example cash or check. I will setup your account after I have received your first payment

You agree to supply appropriate payment for the services received from eltonvinson.com. You agree that until and unless you notify eltonvinson.com of your desire to cancel services received, those services will be billed on a recurring basis.

As a client of eltonvinson.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify eltonvinson.com of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by eltonvinson.com. eltonvinson.com provides a 30 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 30 days and not paid will result in account suspension. Your website and services will not be restored until payment has been received.

Money back Guarantee

My monthly services carry a 30 day unconditional money back guarantee. If you are not completely satisfied with my service within the first 30 days of your service, you will be given a full refund of the contracted amount. Violations of the Terms of Service will waive the Money back Guarantee policy.

Cancellations

Customers may cancel at any time after the first year of service, via email to contact@eltonvinson.com. Cancellation of service before the initial 12 months of service will result in your forfeiture of your domain name and your website. If you cancel services after initial 12 months, you are responsible for domain renewals at the time of cancellation.

Cancellations must be done in writing via email. Once I receive your cancellation and have confirmed all necessary information with you via e-mail, I will inform you via email that your account has been canceled. I will confirm your request and process your cancellation. If you do not hear back from me, or do not receive the automatic confirmation email within a few days after submitting your cancellation, please contact me immediately.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on eltonvinson.com, and the right to increase the amount of resources given to plans at any time.

Indemnification

Customer agrees that they shall defend, indemnify, save and hold eltonvinson.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against eltonvinson.com, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless eltonvinson.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with eltonvinson.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from websites designed, hosted, or marketed by eltonvinson.com.

Disclosure to law enforcement

eltonvinson.com may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

eltonvinson.com reserves the right to revise its policies at any time without notice.

Your Agreement

YOUR SIGNATURE ON A PRINTED COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR PAYMENT OF SERVICES FROM ELTONVINSON.COM SHALL CONSTITUTE A VIRTUAL SIGNATURE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A PRINTED COPY OF THIS AGREEMENT.