Aardvark Web Designs Terms of Service

The following is the Terms of Service document for Aardvark Web Designs(herein also referred to as "Aardvark & Associates Inc. Use of our services constitutes acceptance and agreement to these Terms of Service. We reserve the right to change this contract at any time without notice. All clients of AardvarkWebDesigns.com are bound by this legal agreement.

Authorization
The CLIENT is engaging Aardvark & Associates Inc as an independent contractor. The work by Aardvark & Associates Inc shall be deemed a "commissioned work" and a "work made for hire". Once approved and paid in full, the CLIENT shall be the sole owner of the work unless the work is not paid for in a reasonable amount of time (thirty days after receipt of invoice.)

Warranties
Aardvark & Associates Inc represents and warrants to the CLIENT that it has the experience and ability to perform the services required; that it will perform said services in a professional, competent and timely manner; and that its performance shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.

The CLIENT represents and warrants to Aardvark & Associates Inc that it will provide necessary materials as required in a professional, competent, and timely manner; that it has the power to enter into this Agreement; and that its performance shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.

Use and Law Enforcement
It is the responsibility of the CLIENT to conform to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the trademarks and copyrights of companies and materials found on the Internet. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. CLIENT agrees that the Aardvark & Associates Inc DESIGNS may disclose any and all subscriber information including assigned IP numbers, account history, account usage, or prior communications (electronic or otherwise) to any law enforcement agent who makes a written request without further consent or notification to CLIENT. Aardvark & Associates Inc DESIGNS shall have the right to terminate all service set forth in this Agreement.

Copyrights and Trademarks
The CLIENT represents to Aardvark & Associates Inc and unconditionally guarantees that any elements of text, music, graphics, photos, video, designs, trademarks, or other artwork furnished to Aardvark & Associates Inc for inclusion in web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Aardvark & Associates Inc and its subcontractors from any claim or suit arising from the use of such elements.

Backup Policy & Data
Aardvark & Associates Inc performs routine backups of server system files and archives them in safe locations. It is not the responsibility of Aardvark & Associates Inc DESIGNS to backup all domain files uploaded by the CLIENT. It is recommended that the CLIENT keep a backup on their local machine. CLIENT agrees that Aardvark & Associates Inc has the right to delete all data, files, or other information that is stored on Aardvark & Associates Inc computers upon termination of services, or cancellation of account due to non-payment.

Unsolicited Commercial E-mail and SPAM
Aardvark & Associates Inc has a zero-tolerance policy on unsolicited advertising (spam) via E-mail or newsgroups. Related activities are prohibited and shall result in immediate account termination. "Spamming", such as (but not limited to) mass-e-mail, newsgroup cross-posting or other abuse to others on the net is prohibited and will be grounds for account termination. Any actions construed to be a negligent or malicious attack are strictly prohibited.

Billing Policy
Invoices are sent out 30 days before they are due. It is the responsibility of CLIENT to keep the billing address current. Delinquent bills will be assessed a $15 charge if payment is not received by the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Aardvark & Associates Inc reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. There will be a $25 service charge for all returned checks.

Collection Fees
Accounts that are not collectable by Aardvark & Associates Inc may be turned over to an outside collection agency for collection. If you desire to cancel your account, please send a written request.

Failure to Pay
The Aardvark & Associates Inc may temporarily deny service or terminate this Agreement upon the failure of CLIENT to pay charges when due. Such termination or denial will not relieve CLIENT of responsibility for the payment of all accrued charges and any collection fees.

Refund and Disputes
All payments to Aardvark & Associates Inc are non refundable. Non refundable items also include the one time setup fee (if imposed), domain name and SSL registration fees, etc.

Network Security
CLIENT is expected to keep all passwords secure. If Aardvark & Associates Inc believes a CLIENT'S account has been compromised, we reserve the right to change the CLIENT'S password without prior notice.

New Accounts w/ Domain
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications (requiring a new block of IPs; requiring new equipment, etc), however, this process may sometimes require up to 2 business days. IP Addresses
CLIENT may be assigned IP addresses by Aardvark & Associates Inc, and must return to Aardvark & Associates Inc the rights to the same IPs when service is discontinued for any reason.

Assignment of Project
Aardvark & Associates Inc reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Aardvark & Associates Inc will be responsible for the final results of the project.

In the event that work is postponed or canceled at the request of the CLIENT in writing (letter or e-mail is acceptable),Aardvark & Associates Inc shall have the right to bill pro rata for work completed through the date of that request. If additional payment is due, this shall be payable within thirty days of the CLIENT'S notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by Aardvark & Associates Inc and Aardvark & Associates Inc shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.

Adult Content
Web sites that distribute Adult Content are not permitted on Aardvark & Associates Inc DESIGNS servers. If you have specific questions regarding what's acceptable under this Agreement, please contact

MP3's
CLIENT is prohibited from using their web space provided by Aardvark & Associates Inc to distribute MP3's or any other audio/video media which the CLIENT does not have ownership, or the expressed written permission of the owner of such material.

Limited Warranty
CLIENT uses Aardvark & Associates Inc services at CLIENT'S own risk. Aardvark & Associates Inc makes no warranty, expressed or implied. Aardvark & Associates Inc shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. This service is provided as is. We are not responsible for hardware or software damage, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, this service. Any liabilities are strictly limited to the amount of the fee paid for services rendered. Aardvark & Associates Inc shall not be liable for claims of damages made by any third party for any cause whatsoever.

Indemnification
CLIENT will indemnify and hold Aardvark & Associates Inc harmless (including managers, employees, agents, and members) of any and all claims, costs, expenses or liability resulting from any damage to CLIENT'S business, service, equipment, network, operations, or reputation resulting from Aardvark & Associates Inc actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.