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Terms of
Service (TOS)
Congratulations
on choosing Heritage Internet Technologies!
1. Acceptance of Terms
By accepting Heritage™ Internet Technologies’ (HIT) Terms of Service
(TOS) electronically or in writing, and/or by using HIT’s
services, including but not limited to, submission of content to
HIT’s design department, payment or authorization of payment, you
(Client) agree to be bound by the following terms and
conditions. Client also agrees that Client’s electronic
acceptance of this TOS shall have the same force and effect as
if Client had agreed to this TOS in writing.
HIT provides its services to Client subject
to the following TOS, which may be updated from time to time
without notice. Client may review the most current version
of the TOS at
http://www.hitsubmit.com/tos.html.
Failure to comply with the TOS may result in account
termination. By using HIT’s services Client agrees to (and
hereby signs) the most current version of the TOS. If
Client does not expressly reject the TOS and cancel Client’s
account within 5 days from the date of initial sale, Client
agrees to (and hereby signs) the TOS and HIT is instructed to
commence work on the Client’s website as if Client had expressly
accepted the TOS.
Client’s acceptance of the TOS is binding
upon all HIT services including the purchase of additional
services or additional websites or accounts at a later date.
2. Description of Service
HIT designs and hosts websites and provides
other website-related services, including, but not limited to,
support and modification of websites, e-commerce, flash,
web-traffic reporting, database development, easy interface for
updating the website, email accounts and additional
website-related services. Client understands that HIT’s
services may include certain communications from HIT such as
advertisements, notices, service announcements and newsletters.
Client is responsible for obtaining access to HIT’s services
that may involve 3rd party fees (including but not limited to,
ISP, merchant accounts and gateways). Client is also
responsible for all equipment and software necessary to access
HIT’s services.
3. Electronic Delivery Policy
HIT is a website-related business and
communicates with its Clients electronically. When Client
accepts this TOS Client consents to receive electronically from
HIT any notices, agreements, disclosures, or other
communications (Notices). Client agrees that HIT may send
electronic Notices in either of the following ways 1) To the
email address provided to HIT at the time of sale or 2) to the
new email address account Client set up through HIT. Client
agrees to check the designated email addresses regularly for
Notices. Notice from HIT is effective when sent by HIT,
regardless of whether the Notice is read or received by Client.
4. Privacy Policy
Personal data and certain other information
about the Client are subject to HIT’s Privacy Policy. For
more information see the privacy policy at
http://www.hitsubmit.com/privacy.html. By
using HIT’s services Client also agrees to the most current
version of HIT’s Privacy Policy.
5. Call Monitoring and Recording Privacy
Statement
As part of HIT’s commitment to providing the
best possible service HIT may monitor and record phone calls
answered by HIT and made by HIT. HIT may also archive
recorded voice mail messages. HIT records calls for
training purposes, to improve customer service, and to ensure an
accurate record of Client calls, which may be needed to support
transactions that take place over the phone. This allows
HIT to identify how HIT can better serve its customers.
6. Unacceptable Practices
As HIT strives to offer the very best
service, there are certain guidelines and policies that must
govern HIT’s efforts and relationships with its clients.
Practices that are in violation of these guidelines and
policies are strictly forbidden and will result in the immediate
termination of HIT’s services. Such decisions are at the sole
discretion of HIT. Unacceptable practices include, but are
not limited to:
- Adult or pornographic material
including, but not limited to, sexually explicit or
suggestive material
- Sexually oriented products or material
- Nudity, including airbrushing
(exceptions granted on a case-by-case basis if for medical
or artistic purposes)
- Lingerie websites
- Offensive or otherwise distasteful
material
- Content or language that is harmful to
minors in any way
- Bulk emailing tools
- Distribution of internet viruses or
other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal
information
- Solicitation of funds other than for
legal charitable organization
- Gambling, gaming, lotteries, and like
activities
- Harmful, threatening, violent,
abusive, harassing, tortuous, vulgar, obscene, libelous,
invasive of another’s privacy, racial, chauvinistic,
ethnically offensive, complaint websites, or otherwise
objectionable content or language
- Defamatory, hateful or revenge content
or language.
- Aids to pass drug tests or aids to
pass lie detector tests.
- Illegal activities such as ponzi
schemes, pyramid schemes, fraudulent charging of credit
cards, copyright violations, plagiarism, software piracy,
and all unauthorized use of materials or content that
infringes on third parties’ intellectual properties
- MLM without a legitimate product or
service, with a front product or service, or where the
primary intent is to recruit new members rather than to sell
products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms,
explosives or weapons.
- Intentional or unintentional
violations of any applicable local, state, national or
international law.
- Reselling of email accounts or hosting
accounts to third parties.
- Reselling of any HIT services
including, but not limited to, design services, updates, and
WTD to third parties without a written re-seller agreement.
- Spamming and all other forms of
unsolicited messages including, but not limited to, spam,
chain letters, and junk email
- Links to other sites that are in
violation of Heritage Internet Technologies’ policies and guidelines
- Other activities, whether lawful or
unlawful, that HIT deems to be in poor taste or that reflect
adversely on HIT or HIT’s other clients
- HIT reserves the right to refuse to
design or host an account at its sole discretion at anytime.
As an HIT Client, you agree to conduct your
business in a legal and professional manner. Client
understands that all information, data, text, software, music,
sound, photographs, video, messages and other material (Content)
on Client’s website is the sole responsibility of the Client.
Client is fully responsible for all website content and agrees
to hold HIT harmless in the event of third parties’ legal issues
brought against Client for Client’s business practices. HIT
retains the right to terminate any accounts that are in
violation with the letter or spirit of this TOS. HIT may
also at its sole discretion and at any time, discontinue
providing services, or any part thereof, with or without notice.
If an account is terminated by HIT for a TOS violation the
Client is not eligible for a full refund and any refund is
subject to the Cancellation Fee and Refund Policy. (See
Termination)
As an HIT Client you may have access to
editing tools for your website. Client may edit, add or
delete content to the website at anytime. With this
understanding HIT may or may not pre-screen content. HIT
shall have the right (but not the obligation) to pre-screen and
refuse or remove any content at its sole discretion.
Client agrees that Client bears all risks associated with the
use of all content, whether edited or written by HIT or not,
including any reliance upon accuracy, usefulness or
completeness.
Client acknowledges that HIT may access,
preserve, and disclose Client’s account information and content
if required to do so by law or in a good-faith belief that such
access, preservation, or disclosure is reasonably necessary to
comply with legal processes, enforce the TOS, provide customer
service or protect the rights, property, or safety of HIT and
the public.
7. Intellectual Property Policy
HIT respects intellectual property laws,
including those applicable to copyright and trademark, and the
intellectual property of others. HIT may terminate
accounts for copyright or trademark infringement, or for any
other reason HIT deems appropriate as it may relate to Client’s
use of another’s intellectual property. If you believe
your work has been copied and is accessible on an HIT’s website
please see HIT’s Intellectual Property Policy at
http://www.hitsubmit.com/ipp.html.
HIT will not use copyrighted or trademarked
materials on any Client’s website without the express written
consent of the copyright or trademark owner. It is
Client’s responsibility to ensure that all content submitted to
HIT is original content and free from third-party copyright or
trademark protection, or to obtain permission to use from the
copyright or trademark owner. Client assumes full liability for
any copyright or trademark infringement of Client’s website on
any third-party copyright or trademark, including, but not
limited to, any infringement due to website content, website
design or the look and feel of Client’s website. (See
Unacceptable Practices).
Client content that is sent to HIT will remain
the intellectual property of the Client. HIT does not
return original content to the Client. Unless a request to
return the original content to the Client is made in writing
upon submission of the content, the content will be destroyed.
HIT will attempt to honor requests to return original content;
however, HIT has no liability and does not guarantee the return
of any content to Client.
Domain names purchased by HIT and website
designs, databases, stores, or programs created by HIT are the
property of HIT until Client has paid all fees including one
full year of monthly hosting. (See Domain Names Purchase/Hosting
Agreement)
8. International Use
Recognizing the global nature of the
internet, Client agrees to comply with all local rules regarding
online conduct and acceptable content. Specifically,
Client agrees to comply with a) all laws and regulations
regarding the transmission of technical data exported from the
United States, or the country in which Client resides and/or
transacts business, and b) all laws and regulations regarding
the collection and processing of personal data, including those
relating to the transborder transfer of personal data.
9. Interstate Communications
Client acknowledges that by using HIT’s
services Client will be causing communications to be sent
through HIT’s computer networks, which may be located throughout
the United States. Due to the nature of electronic
communications, even communications that seem to be intrastate
can result in the transmission of interstate communications.
Client acknowledges that use of HIT’s services results in
interstate data transmissions and may result in transborder
transfer of personal data. Client hereby consents to the
collection, processing and transborder transfer of such personal
information as Client may provide or make available to HIT.
10. Website Construction Procedure
With help and input from the Client, HIT
will prepare the appropriate custom design and work with the
content provided by the Client for development of the site.
Client must submit content to the design department before site
construction begins on the custom website. Client must
submit content through the Online Design Packet (ODP). Client
must electronically accept the TOS before access is granted to
the ODP. After content is submitted by the Client the
website is developed. Prior to the website being taken
live the client will receive a missing information notification
if content is incomplete. Client will then have two weeks
to submit complete content. If complete content is not
received the website will then be taken live “as-is”. If
the website is taken live without all of the pages completed due
to incomplete content those pages may be banked and developed in
the future using Client’s design time.
In submitting content through the ODP,
links to sample sites the Client likes are for general
information purposes only and assist HIT with the design of the
Client’s custom website. The functionality and detail of
the sample sites will not be duplicated unless such
functionality and detail are specifically included and itemized
in HIT’s invoice and do not infringe upon the intellectual
property rights of others.
The design and content layout are completed
by the designer and presented to the Client for approval.
After the Client approves the website, the website will go live.
The HIT QC team may review the text before site goes live to
correct any possible errors. HIT will not be held liable
for accuracy of information, typos, or spelling errors in any of
the content approved by the Client and published on the website.
Client will be notified by email that the website is now live.
Client understands, agrees and acknowledges
that HIT does not guarantee a time frame for completion of ANY
custom website. A custom website cannot be completed
without submission of complete content, design approvals and
participation from the Client. If Client continues
submitting additional content throughout the design process, the
design time frame is increased. If Client does not submit
complete content and HIT is not able to start or complete the
custom website design, Client is still responsible for all fees
incurred including, but not limited to, set-up, enhancement and
monthly hosting charges that begin accruing from date of sale.
If Client’s website requires custom programming, functionality,
flash, e-commerce or the use of a database, the overall
development time will be extended.
Client is provided with a space holder
immediately after sale. Upon request, Client is also
provided with an optional welcome website shortly after the
initial sale. The welcome website is a temporary website
Client can modify and send customers to while the custom website
is being built. Client may choose not to have a welcome website
if so desired
11. Client Approval
Client is responsible for testing the
functionality of the website upon HIT’s 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 Client approval of the website to go live
Client agrees services have been rendered and functionality of
website has been tested and approved by Client.
The Client understands and agrees that if
the Client does not respond within 5 business days to HIT’s
request for approval and notification that the website has been
completed, the website along with the functionality of the
website and services rendered, will be deemed to be approved by
the Client, and the website will be taken live “as-is”.
The Client understands and agrees that if the
Client does not respond to requests for missing information a
final notification will be sent to the Client. If the
Client does not respond within 5 business days to HIT’s
notification or requests for missing information, the website,
along with the functionality of the website and the services
rendered, will be deemed to be approved by the Client, and the
website will be taken live with the missing information “as-is”
or “under construction”.
In the event that HIT completes all of the
work per the original sale and database write ups, HIT reserves
the right to move the site live and deem the work to be
completed without Client’s permission if Client will not give
approval of the work.
12. Website Change Requests Before and
After Website Goes Live
HIT agrees to build a website and/or
database to specifications quoted per the original sale and
original invoice. Any additions or changes requested
outside of the scope of the original sale, either prior to the
custom website going live, or after the site has gone live, will
be billed at HIT’s standard hourly rate. HIT is not
obligated to complete Client requests or changes outside of the
scope of work on the original invoice. If HIT does not
agree to Client requests or changes, Client is still obligated
to pay all fees incurred and due.
13. Database/Programming
HIT does not guarantee a time frame for
completion of ANY custom database or custom programming. A
custom “Database Specifications Summary” may be presented to the
Client. HIT agrees to complete the database design
according to the specifications outlined. If the Client does
not object or respond to the Database Specifications Summary in
writing within 5 business days it will be deemed to be accepted
by the Client and HIT may proceed with development of the
custom database as outlined. A Database Specifications
Summary may not be presented to the Client for purchase of
pre-built database modules and e-commerce store modules.
If Client requests changes to a
pre-packaged database, pre-built database module, or e-commerce
store module, changes are to be billed to Client at HIT’s
standard hourly rate. There is no guarantee that changes
made by HIT to a pre-packaged database, pre-built database
module, or e-commerce store module will work. Client
agrees charges are valid and agrees to pay for all fees incurred
for Client’s requested changes to pre-packaged databases,
pre-built databases modules, or e-commerce store modules.
Once work has begun on a database or custom programming there is
No Refund if cancelled.
Client is responsible for testing the
functionality of the website upon HIT’s request for approval and
notification that the website has been completed. This
includes, but is not limited to, testing the functionality of
the custom database or programming. Upon Client approval
of the website to go live, Client agrees services have been
rendered and functionality of website has been tested and
approved by Client.
HIT will instruct Client as to the use of
the custom database and the inputting of data related to such
database. However, data entry is the sole responsibility
of the Client. If the Client requests HIT to enter data
into the database, the Client will be charged, and agrees to
pay, for such data entry at HIT’s standard data entry rates.
14. E-commerce/Stores
Client is required to submit store content
via HIT’s content spreadsheet. HIT will input up to 20
products free of charge. The Client will be provided with
instructions to input any additional products into the store.
If the Client requests HIT to enter additional products
exceeding the original 20, the Client will be charged, and
agrees to pay, for each product added to the store at HIT’s
standard product-entry rates. The e-commerce store module
is pre-built and any changes to the look or functionality of the
pre-built store require custom programming. The Client
will be billed at HIT’s standard hourly rate for requested
changes. (See Database/Programming)
Client is responsible for testing the
functionality of the e-commerce store upon HIT’s request for
approval and notification that the website has been completed.
This includes but is not limited to testing the payment
functionality. HIT is not responsible for functionality of
third-party services such as, but not limited to, merchant
account, or gateway. Upon Client approval of the website to go
live, Client agrees services have been rendered and
functionality of website has been tested and approved by Client.
15. Enhancements to Website
Client may purchase enhancements to the
website at the time of initial sale or anytime thereafter.
Enhancements to the website may include, but are not limited to,
custom programming, database, flash, e-commerce, logos,
galleries, rollovers, etc. Client’s requests for
enhancements to the original sale will be due and billed
separately and at the time of request. The monthly hosting fee
will be adjusted according to the enhancements requested or the
hosting package selected by Client.
Some enhancements such as, but not limited to,
flash, custom programming, functionality, etc, may require that
a specifications summary be presented to the Client. If the
Client does not object to the specifications summary within 5
business days, the summary will be deemed to be accepted, and
HIT will proceed with the development as outlined. Once
work has begun on enhancements purchased by the client there is
No Refund if cancelled. Enhancements or additional
services purchased after the initial sale are separate purchases
and are in addition to and separate from the original sale.
If a client cancels an enhancement the original sale is not
cancelled.
16. Expedited Services
While HIT does not guarantee a time frame
for the completion of any custom website, it may offer an
optional expedited service to Client for a fee. Expedited
service is not available for all accounts and all requests for
expedited service must be approved by HIT at its sole
discretion. Client understands and agrees that Client’s
use of expedited service does not guarantee that Client’s
website including its corresponding design, enhancements,
databases, e-commerce stores, flash, etc, will be completed more
quickly than they would be without the use of the expedited
service. The expedited service fee only ensures that HIT
will make reasonable efforts to more quickly assign designers
and programmers to the account in an effort to facilitate
development than would be the case under the ordinary
developmental process.
The successful use of expedited service is
contingent upon Client’s timely acceptance of the Terms of
Service, payment of any and all fees due, completion of the
Online Design Packet (ODP), acceptance of any project
specification documents prepared by HIT and Client’s timely
cooperation with HIT in any solicitation for information related
to the website’s development.
If expedited service is offered to Client
by HIT, Client may be presented with an estimated date of
completion. Client understands and agrees that such
estimated dates of completion are estimates only and may apply
only to one particular element of the website, i.e. database,
flash, e-commerce, design, and not necessarily to multiple
elements of the website or to the website collectively.
Under no circumstances will HIT guarantee the respective portion
or portions of the website subject to the estimated date of
completion to be completed sooner than the estimated date of
completion. Should circumstances arise that make it
impossible to complete the portion or portions of the website
that are subject to the estimated date of completion by the
estimated date of completion, including but not limited to
Client failure to provide HIT with requested information in a
timely manner, HIT reserves the right to change the estimated
date of completion accordingly or to cancel the expedited
services and refund a portion of the expedited service fee to
Client. In no case shall the portion of the expedited
service fee to be refunded be greater than fifty percent (50%)
of the expedited service fee. Regardless of whether work
is completed by the estimated date of completion, Client remains
liable to HIT for any and all other charges related to the
website’s development.
17. Additional Services
Client may purchase at an additional monthly
cost additional services offered by HIT. Additional
monthly services may include, but are not limited to, the Web
Traffic Director program (WTD), spam filters, and back-up
software. Additional monthly services include a monthly
fee that is incurred and billed every month beginning from the
date of purchase of the additional service. HIT will Not
Refund any fees incurred for additional services or paid by the
Client prior to the cancellation effective date for the
additional service. Any fees invoiced and incurred are
valid and Client agrees to pay. Additional services
purchased may be cancelled with 30 days written notice.
18. Email Accounts
Based on the hosting support package
purchased, email accounts are also provided. Email
accounts may be set up and used immediately upon Client’s
purchase of website. Client does not need to wait until
custom website is live to use email accounts. To begin
using email accounts Client should contact Technical Support at
support@hitsubmit.com.
19. Technical Support
HIT’s technical support department should be
contacted at support@hitsubmit.com for any concerns with Client email
accounts or any problems with hosting or functionality of the
website after the website is live.
If Client uses HIT’s technical support
services, including but not limited to screen share sessions,
Client acknowledges and understands that HIT does not warranty
that technical support services will meet Client’s requirements
or be error free. (See Disclaimer of Warranties and
Limitation of Liabilities.)
20. Customer Service
Heritage Internet Technologies strives to offer the
best service available. Customer service complaints or
concerns should be emailed to
service@hitsubmit.com
21. Use and Storage
Client acknowledges that HIT may establish
general guidelines and limits concerning use of HIT’s services
and may modify these guidelines at any time. Limits may
include but are not restricted to, the maximum number of days
that email messages or other content will be retained, maximum
number of email messages that may be sent from or received by an
account, the maximum size of any email messages sent and the
maximum disk space that will be allotted on HIT’s servers on
Client’s behalf. HIT periodically backs up the websites it
hosts. However, Client acknowledges that HIT is not
responsible for backing up Client’s website and data. Client
should seek appropriate backup solutions. Changes made by
Client using the editing tool or by HIT may be lost if data loss
occurs after a scheduled backup by HIT.
22. Server Security Practices
HIT utilizes security practices that comply
with standards set by the Payment Card Industry (PCI) in
maintaining its servers. HIT will not modify its
shared-hosting server settings and configurations to Client’s
individual preferences. HIT routinely scans its servers to
ensure compliance with good security practices.
Unauthorized security scanning and penetration testing of
shared-hosting servers by the Client is strictly prohibited.
HIT at its sole discretion may allow or
perform server administration and or customization to client
accounts that are hosted on a virtual private server (VPS) or a
private server. Such server customization and
administration is subject to HIT standard hourly rates and
Client agrees to pay for any and all such customizations
requested.
23. Updates to Live Website/Design Time
Based on Client’s hosting package, HIT may
provide 4 to 12 hours annually of free updates and changes or
“design hours” that are available to Client to use after the
website is live. After the website is live, Client may
wish to make changes or updates to the website from time to
time. Most changes can be made using HIT’s online editors. The
online editors may not be available for all websites, or all
pages of a website. Availability of the online editors is
dependent upon the functionality and specifications required for
the Client’s website. For changes that cannot be made with
the editors, Client may use available HIT design hours. These
changes must be requested by logging into Client’s account in
the Web Center and selecting “Request Update”. Design
hours can be used for modifying the design or layout of the
website. Design hours cannot be used toward the completion
or modification of databases, custom programming, e-commerce or
flash or other enhancements that must be purchased.
Changes or updates that exceed the Client’s available “design
hours” will be billed to the Client at the standard hourly rate
HIT is not responsible for any changes
Client makes to website, or if Client breaks the website.
Time required by HIT to repair changes made by Client will be
billed to Client at HIT’s standard hourly rate if it exceeds
available “design hours”.
24. Domain Names Purchased/Hosting
Agreement
Monthly hosting is billed every 30 days
beginning from the date of sale. Monthly hosting is billed
from the date of sale, regardless of the date the website goes
live, because hosting costs are incurred immediately.
Server space is secured for the developing website and/or for
existing Client domain names. In addition, email accounts
and support are available from the date of sale and are paid for
with monthly hosting fees. Client agrees to a one year
hosting commitment with HIT.
Domain names purchased by HIT and website
designs, databases, stores, or programs created by HIT are the
property of HIT until Client has paid all fees including one
full year of monthly hosting. At that time ownership of
the site and it’s functionality, and domain name may be
transferred to the Client’s control upon receipt of the Client’s
written request. Sham purchases of sites may not be
transacted with the intent and/or result of having a site built,
then transferring the site to another hosting provider.
Clients may buy-out their hosting by paying 12 months of hosting
in advance if they wish to transfer the domain name and content
to Client’s control prior to one year of paid monthly hosting.
HIT expressly reserves the right to retain one copy of any
website designs, databases, stores, flash, programs, writings,
or any other work created for Client for evidentiary purposes.
Upon transfer of domain and/or website to
Client or another service provider, at anytime, Client agrees
that HIT has met in full its obligation to Client, and HIT is
released of all past and future obligations to the client.
Additional work and/or hosting done for Client must be agreed to
in writing and paid for by Client.
Domain names are purchased through a third
party service. HIT cannot guarantee the availability of
domain names and has no liability for a domain name not being
available for purchase after the initial sale. If a domain
name is not available for purchase HIT will assist the Client in
selecting and purchasing an alternate domain name. Domain
names already owned by the Client remain the property of the
Client and renewal of the domain name is the Client’s
responsibility. The renewal of any domain names
transferred to the Client is the responsibility of the Client.
Upon cancellation or termination of Client’s account, HIT will
no longer renew any domain names associated with the account and
Client assumes sole responsibility for their renewal thereafter.
25. Marketing Representations
HIT makes no representations as to the
marketing of Client’s products, services or sales. Client’s
obligation to pay fees due to HIT are due at time of sale of
website design and hosting services and are not contingent upon
Client’s marketing of said website. Client is responsible
for all marketing of Client’s website. HIT is not
responsible for marketing of Client’s website including search
engine rankings.
26. 90-Day Satisfaction Guarantee
Heritage Internet Technologies provides a 90-day
satisfaction guarantee. HIT will continue to change and modify
the Client’s website to Client’s liking, within 90 days from the
date of sale or until the website is taken live, whichever comes
first, at no additional cost. Changes to the website made
after 90 days from the date of the initial sale, or after the
website is taken live, will first be billed to the Client’s
design time hours available based upon the monthly hosting
package purchased by the Client. Changes to the
website that exceed the design time hours will be billed to the
Client at HIT’s standard hourly rate over and above the initial
design fee paid. HIT does not guarantee that the website
designed will be exactly what the client has envisioned.
HIT’s best effort will be given for the 90-day satisfaction
guarantee but HIT is not obligated to complete multiple
redesigns or modifications. While HIT may agree to
make requested changes and to bill the Client’s design time or
bill the Client directly, HIT is not obligated to complete
Client requests or changes outside of the 90-day satisfaction
period. If HIT does not agree to Client requests or
changes, Client agrees and is still obligated to pay all fees
incurred and due.
27. Billing Policy
The initial design set-up fee is due and
billed in full at the time of the original sale.
(Installment payments may be accepted for the set-up fee only if
agreed to in writing per the original invoice.) Monthly
hosting is billed and due every month beginning 60 days from the
date of the original sale. The Client hereby requests that
HIT renew and bill monthly hosting fees every 30 days
thereafter, unless the Client cancels in writing after 12 months
of monthly hosting fees have been paid.
Monthly hosting and additional services
fees may be billed on the 1st or 15th of each month to coincide
with HIT’s billing cycles. The amount of the initial design
set-up fee and monthly hosting fees are detailed on the original
invoice confirming amounts of sale. Monthly hosting
amounts may vary depending upon the hosting package selected by
Client.
HIT reserves the right to change prices at
any time including monthly hosting amounts and hourly design
fees.
HIT accepts payment via wire transfer,
check, credit card and EFT debit from Client’s bank account.
Upon Client’s authorization of payment to HIT via credit
card, or EFT debit payment, Client thereby authorizes all
recurring monthly hosting and/or additional services fees to be
charged to the same method of payment, credit card or EFT
account for future charges until such authorization is withdrawn
by Client in writing.
The Client may change payment methods
including credit card and EFT debit payments with 30 days
notice. To change payment methods Client should contact
HIT’s billing department. Client should not email new
billing information for security purposes.
HIT reserves the right to hold Client, its
principals and authorized representative(s) jointly and
severally liable for any and all amounts owed.
28. Billing Disputes
HIT charges up to a $25.00 fee for returned
checks and a $200.00 fee to handle unauthorized credit card
disputes. If HIT does not receive payment in full when
due, HIT may, to the extent permitted by the law of the state of
the billing address on file for Client at the time, charge a
late fee of up to 1.5% per month (18% per annum), or a flat fee
of $5 per month, whichever is greater, on any unpaid balance.
HIT may, to the extent permitted by the law of the state of the
billing address on file for Client at the time account is sent
to a collection agency, also charge Client for any collection
agency fees and/or attorney’s fees billed to HIT for collecting
from Client. HIT does not agree to, and will not honor,
any limiting notations made by a Client on a check.
If Client wishes to dispute a charge Client
must first contact HIT’s billing department and must allow 10
business days for a response. To avoid any dispute about
Client’s attempt to contact HIT, Client must send the request in
writing to:
Attn: Billing Department, Heritage Internet Technologies, 1460 Moonriver Dr, Provo UT 84604.
Requests may be emailed to
billing@hitsubmit.com.
If Client chooses to send request by email, a copy of the
request must also be sent by mail as confirmation.
If Client initiates a credit card dispute the
decision of the credit card company is made through an
arbitration process and the decision of the credit card company
shall be binding upon Client.
29. Termination/Cancellation of Services
HIT, at its sole discretion, may terminate
its service and remove and discard any content, for any reason,
including and without limitation, for lack of use, or if HIT
believes Client has violated the TOS. HIT may also at its
sole discretion and at any time, discontinue providing services,
or any part thereof, with or without notice. Client agrees
that any termination of access to HIT’s services under any
provision of this TOS may be effected without prior notice and
that HIT may deactivate or delete Client’s account and all
related information files. Client agrees that HIT shall
not be liable to Client or any third-party for any termination
of services. Paid accounts that are terminated will not be
refunded. HIT may suspend or terminate accounts, and shut
down website for accounts, that become delinquent for more than
30 days, in which case Client remains responsible for any unpaid
balance owed to HIT. Charges for monthly hosting will continue
to incur for delinquent accounts until Client’s one year hosting
obligation has been met even if account has been suspended or
terminated. HIT also reserves the right to discontinue the
designing of Client’s website at any time, at HIT’s sole
discretion, with an appropriate refund to the Client.
Under no circumstances is the refunded amount to exceed the
amount collected by HIT.
If the Client cancels an account before the
work is completed or site is live, a cancellation fee is
retained per the Cancellation Fee and Refund Policy.
Client agrees that all fees incurred and billed prior to
cancellation effective date are valid and Client agrees to pay.
Upon request for termination of services the website will be
removed. A back-up copy of the website is not maintained
by HIT.
Client agrees to pay all hosting fees and
additional services fees owed from the time of sale until the
cancellation effective date, and at a minimum for hosting fees
for one year. Transferring a domain name to another
provider or non-use of Client’s hosting account does not
constitute termination of the account. Client must notify
HIT in writing or via email to terminate the account services
and avoid further monthly hosting charges. It is Client’s
responsibility to secure confirmation from HIT that the request
for termination has been received and no further hosting fees
will be billed.
Requests for cancellation of website
hosting services or additional services should be sent to the
following address:
Attn: Billing Department, Heritage Internet Technologies, 1460 Moonriver Dr, Provo Ut 84604
Requests may be emailed to
cancel@hitsubmit.com.
If Client chooses to send request by email, a copy of the
request must also be sent by mail as confirmation.
30. Cancellation Effective Date
Client may terminate hosting services with
30 days written notice, after one full year of paid hosting.
The effective date of cancellation is to be 30 days from the
date of HIT’s receipt of written notice to cancel. Any
monthly fees scheduled to bill after receipt of written notice
to cancel but before the effective date of cancellation are
valid and client agrees to pay.
If Client has not paid all design,
enhancement, hosting and additional services fees due, such fees
are due in full at the time of cancellation and Client
authorizes HIT to collect any outstanding fees due, subject to
the Cancellation Fee and Refund Policy. Client understands
any pending billing for design fee installments previously
agreed to will not be cancelled.
31. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT - Refunds of the
fees paid for development of the website may be issued on
accounts cancelled within 90 days of the initial sale and prior
to the completion of the website according to the following
schedule:
A)
A minimum of a 50% cancellation fee will be retained by HIT on
cancelled accounts even if no work has been started and no
content yet submitted by the Client.
B)
A minimum of a 75% cancellation fee will be retained
by HIT on cancelled accounts if work has been presented to the
Client; or HIT has made multiple attempts to work with the
Client, and Client has not responded to those attempts
C)
A 100% cancellation fee will be retained by HIT and NO
REFUND issued if any changes and/or modifications requested by
the Client have been completed by HIT. No Refund will be
issued on any website cancelled after services have been
rendered, including but not limited to, the design work having
been completed and/or the website taken live.
D)
100% cancellation fee will be retained and NO REFUND will be
issued by HIT if Client cancels after 90 days from the initial
sale.
MINIMUM CANCELLATION FEE – Client agrees that
a minimum cancellation fee of 50% will be retained by HIT on all
cancelled accounts even if no work has been started. The
cancellation fee is charged to compensate HIT for up-front
expenses and services rendered, including but not limited to,
costs incurred for the purchase of domain name(s) for developing
the website, securing server space, creating the temporary
website or space saver, employee expenses, marketing, and
overhead costs.
ENHANCEMENT SALES - A 100% cancellation fee
will be retained by HIT and NO REFUND will be issued once work
has begun on any enhancements purchased, including, but not
limited to, databases, programming, logos, flash, galleries,
rollovers, e-commerce stores, security certificates, design
time, domain names, etc. A minimum cancellation fee of 50%
will be retained on cancelled expedited services. Client
agrees that a minimum cancellation fee of 50% will be retained
by HIT on all cancelled enhancement purchases if cancelled
within 90 days of the enhancement sale and if work has not yet
begun. NO REFUND will be issued by HIT if client cancels
after 90 days from the enhancement sale. Enhancements or
additional services purchased after the initial sale are
separate purchases and are in addition to and separate from the
original sale. If a client cancels an enhancement the
original sale is not cancelled.
MONTHLY HOSTING – Client agrees that there
is NO REFUND of monthly hosting fees or monthly additional
services fees incurred or paid by the Client prior to
cancellation date.
Client agrees that all fees incurred and
billed prior to cancellation date are valid and Client agrees to
pay. (See Termination).
By accepting a refund in full or refund
less cancellation fee, Client agrees that the matter is settled
in full and releases HIT, its officers, owners, members, agents
and employees of any and all contractual obligations and waives
all claims of any nature, including legal action, against HIT’s
its officers, owners, members, agents and employees.
32. Account Transfer
Requests for transferring the ownership of
a website or hosting account from Client to a new owner must be
completed in writing by both the current account owner and the
new designated owner. The transfer is not valid until a
signed request is received by HIT in writing which is to include
payment authorization and new billing account information from
the new owner, documentation of the ownership transfer (purchase
agreement etc), documentation of copyright transfer, and
acceptance of HIT’s TOS by the new owner.
33. Heritage Internet Technologies Proprietary
Rights
Client acknowledges and agrees that HIT’s
services may contain proprietary and confidential information
that is protected by intellectual- and proprietary-rights laws.
Client agrees to not reproduce, duplicate, copy, sell, resell or
exploit any portion of HIT’s services.
34. Use of Client Information
Client hereby agrees that any information
or ideas submitted to HIT by any means may be used by HIT
without compensation or liability to Client for any purpose
whatsoever, including but not limited to, developing websites,
databases, e-commerce and developing, manufacturing and
marketing other products. This provision does not apply to
Client content or to personal information that is subject to
HIT’s Privacy Policy.
Client herby gives permission to HIT to use
samples or links to Client’s custom website designed by HIT for
marketing and advertising purposes, including but not limited
to, use in HIT’s online portfolio.
35. Third-Party Services
From time to time third parties may offer
services or software to HIT’s clients, clients may request the
use of third-party services or software, or HIT may suggest the
use of third-party services or software to its clients.
Use of such third-party services will be at Client’s own risk
and subject to the terms and conditions of those third parties.
It is Client’s sole responsibility to ensure that the use of
third-party services or software complies with third-party terms
of use and licenses, these Terms of Service, and any and all
applicable laws. Client assumes full responsibility for,
and releases HIT from, any and all liability associated with the
use of third-party services or software. HIT does not
represent nor warrant that use or access to any third-party
services will be compatible, uninterrupted, error free, without
defects or that Client will be able to access HIT’s services.
Client also agrees that HIT is under no obligation to provide
Client with any enhancements, updates, or fixes to make HIT’s
services accessible through any third-party applications.
36. Contract Service Providers
HIT may contract with Contract Service
Providers to complete a portion, or all of the Client’s custom
website. The Client agrees not to do business directly
with the Contract Service Provider, nor to remit payment to the
Contract Service Provider or any HIT employee directly for
services. All payments for services rendered must be made
directly to HIT. Contract Service Providers are
independent contractors and are required to follow company
policies and procedures. Contract Service providers are
provided with only the information needed to complete the design
or development portion of the Client’s website and do not have
access to Client’s personal information including payment
information.
37. Disclaimer of Warranties
CLIENT’S USE OF HIT’s SERVICES IS AT
CLIENT’S OWN RISK. HIT’s SERVICES ARE PROVIDED “AS IS”.
HIT DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. HIT DISCLAIMS ANY WARRANTIES REGARDING
HIT’s SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S
REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE. HIT DISCLAIMS ANY WARRANTIES REGARDING THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF HIT’s SERVICES,
INCLUDING RESULTING SALES AND WEB TRAFFIC. HIT DISCLAIMS
ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS,
SERVICES, SALES, OR WEBSITE. HIT DISCLAIMS ANY WARRANTIES
REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH HIT’s
SERVICES, OR LINKS PROVIDED BY HIT’s SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE PROVIDED BY HIT OR OBTAINED THROUGH LINKS
PROVIDED THROUGH HIT’s SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
HIT’s SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER
SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY
NOT APPLY TO CLIENT.
38. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT HIT, ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR
OTHER INTANGIBLE LOSSES (EVEN IF HIT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR
INABILITY TO USE HIT’s SERVICES, RELIANCE ON HIT’s SERVICES, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF HIT’s
SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING
FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED THROUGH HIT’s SERVICES OR FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR
TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR
ANY OTHER MATTERS RELATING TO HIT’s SERVICES. SUCH
LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED IN ANY WAY TO HIT’s SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no
circumstance shall HIT be liable for any delay or failure in
performance resulting directly or indirectly from acts of
nature, forces or causes beyond its reasonable control,
including without limitation, internet failures, computer
equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, floods, storms, explosions, or other
casualties, illness, accidents, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, non
performance of third parties, or loss of or fluctuations in
heat, light or air conditioning. HIT’s full and complete
liability, for any reason whatsoever, shall be limited to the
full refund of all monies paid to HIT.
39. Tort Claims and Other Claims
Client waives all tort claims, strict
liability claims and any and all other legal and equitable
claims to the extent permitted by law against HIT, its
subsidiaries, affiliates, officers, employees and agents.
The relationship between the parties is contractual in nature
only. Client waives any tort claims that arise by
act, or omission. Client further agrees that it may only
bring claims against HIT in Client’s individual capacity and not
as a member of a class.
40. Indemnification
Client agrees to defend, indemnify and hold
harmless HIT, its directors, officers, employees and agents from
and against all claims and expenses, including attorneys’ fees
that may arise or result from any content Client submits, posts,
transmits or makes available through HIT’s services, from any
product sold by Client, its agents or employees or assigns, from
any service provided or performed or agreed to be performed by
HIT or from Client’s breach or violation of the TOS, including
any obligation, representation, or warranty made herein, or
Client’s violation of any rights of another. Client
further agrees to defend, indemnify and hold harmless HIT, its
directors, officers, employees and agents from and against all
claims and expenses, including attorneys’ fees, arising from or
related to contracts, representations, agreements, promises,
etc, made between Client and third parties, or arising from or
related to Client’s negligence toward third parties.
41. Notice
Unless otherwise specifically provided, all
notices required or permitted by this Agreement shall be in
writing and in English and may be delivered personally, or may
be sent by email, facsimile or certified mail, return receipt
requested, to the address set forth below. If Client
chooses to send request by email or facsimile, a copy of the
request must also be sent by mail (to the address below) as
confirmation of the request.
Heritage Internet Technologies
1460 Moonriver Dr
Provo Ut 84604
Attn: President
42. Contact Heritage Internet Technologies
Client may contact HIT at 801-655-1600 M-F
from 8:30 –5:00 MST. Client may visit our website at
www.hitsubmit.com at any time. Client may also
email HIT at the following department email addresses:
43. Negative Comments/Slander
Client specifically agrees not to engage in
negative comments or slander regarding HIT, including but not
limited to publishing, or causing to be published, complaints or
derogatory comments regarding HIT in any format, including but
not limited to, print, newspaper, television, radio or on
internet complaint sites, blogs or other public internet forums.
Should there be a breach of this condition HIT will be entitled
to liquidated damages in the amount of $2,500.00 for each
publishing or posting. If said breach occurs on an
internet complaint site each hit to that website will be
considered an individual breach of this condition, and subject
to additional liquidated damages of $100 per occurrence.
Further, HIT shall be entitled to litigate this matter, and
obtain the money damages together with injunctive relief.
The prevailing party to that litigation shall be entitled to an
award of attorney’s fees.
44. Severability; Waiver
In the event that any provision hereof is
found invalid or unenforceable pursuant to judicial decree or
decision the remainder of this Agreement shall remain valid and
enforceable according to its terms. The failure by HIT to
avail itself of any right or enforce any obligation of this
agreement shall not be deemed to be an ongoing waiver of such
right or obligation or of any other right or obligation.
45. Jurisdiction
This agreement shall be governed
exclusively by the laws of the State of Utah, USA, without
regard to any conflicts of law provisions thereof, as a contract
entered into and performed entirely within the State of Utah.
The parties herby expressly disclaim the application of the
United Nations Convention on the International Sale of Goods.
Any disputes between the parties relating to the subject of
this agreement shall be submitted exclusively to the
jurisdiction of the state or federal courts located in the State
of Utah, Counties of Utah or Salt Lake, and the parties
expressly consent to personal jurisdiction and venue therein and
waive any objection based on forum non conveniens or otherwise.
46. Arbitration
Notwithstanding the foregoing, in lieu of
litigation, arbitration may be used as a means of resolving
disputes. Arbitration would be through a neutral
third-party arbitrator to be approved by both Client and HIT.
If any court sitting outside the United States determines that
the litigation forum or arbitration provisions of this agreement
are invalid, then and only then, the parties agree to settle any
dispute through binding arbitration by three arbitrators, in the
English language, under the commercial arbitration rules of the
International Chamber of Commerce, with the location of the
arbitration to be in a neutral jurisdiction (not the country of
residence of the Client or of HIT) as selected by HIT.
47. Governance
HIT may investigate any reported violations
of this agreement, its policies or any other complaints and take
any action it deems appropriate to protect its systems,
facilities, Clients, and/or third parties.
48. Electronic Signatures
Selecting and submitting “accept” on the
electronic copy of the TOS, submitting content through the ODP,
making payment, or submitting information or documents to HIT so
that HIT may perform services for the client, the same shall
constitute an electronic signature as defined by Utah’s Uniform
Electronic Transactions Act, Utah Code Ann. 46-4-101 et seq.
49. General Information
This Agreement constitutes the entire
understanding and contract between the parties and supersedes
any and all prior oral or written agreements (including, but not
limited to, any prior versions of the TOS). Any modifications
to this agreement must be in writing and signed by an authorized
officer of HIT. All representations not in writing are
null and void. Written agreements may include, but are not
limited to, emails and electronic acceptance of this Terms of
Service.
Client agrees that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to the use of Heritage Internet Technologies’ services or the Terms of
Service must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles
in the TOS are for convenience only and have no legal or
contractual effect.
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