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Consultccc.com and Creative Communications Corp.'s Terms of Service and Hold Harmless AgreementThe following Terms of Service must be agreed to by the Customer when contracting with Creative Communications Corp, a New York State Corporation hereafter referred to as CCC. Customer acknowledges and specifically agrees that charge backs are unlawful if any CCC service has been rendered. If customer has a billing dispute with CCC, the Customer must settle such dispute with CCC directly without initiating any charge back procedures. Any charge back will evoke an automatic US$500 (Five Hundred Dollar) service fee, without exception, for which customer will be held fully responsible via a collection agency. Customer is not permitted to copy, store, resell, transfer ownership or give away their website to any other person or party while under contract with CCC unless agreed to in writing by CCC. CCC is the sole owner of all the Text, Style Sheets, HTML, Javascript, PHP, Database(s) and any other entity, programming or otherwise that was obtained by using our service(s). CCC reserves the right to terminate your account at any time, for whatever reason without any prior notice. CCC reserves the right to immediately terminate your account for nonpayment. Reactivation of the website within 10 days of termination will cost $250.00 While your website is being hosted by CCC, no entity is allowed access to the "back-end" systems to perform FTP, performance Tuning, Code Changes or modifications or any other back-end related task unless expressly agreed upon by CCC and Customer in writing. While your website is being hosted by CCC, no other entity other than CCC is allowed to perform Search Engine Optimization or Search Engine Marketing (pay-per-click marketing) on Customer's website. On closing or termination of an account, all of the customer's data on the server will be deleted. Customer should have a full backup of everything Customer supplied, such as graphics, photographs, and text as CCC will not be able to reclaim this data. CCC is NOT liable for any loss, damage or change to Customer's data on the server caused by misuse, viruses, hardware issues, software issues, service unavailability, network issues / problems, removal of service or any other possible cause even if CCC has been notified of such issue. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS AND CCC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CCC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO; (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE, (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE, OR (F) ANY INFORMATION, TEXT, COPY, PHOTOGRAPHS, GRAPHIC DESIGNS, LOGOS, OR OTHER MATERIALS SUPPLIED BY CUSTOMER TO CCC FOR POSTING ON CUSTOMER'S WEBSITE AND CUSTOMER WARRANTS THAT ALL SUCH MATERIALS ARE THE PROPERTY OF CUSTOMER OR THAT CUSTOMER HAS THE EXCLUSIVE OR SHARED RIGHT TO USE OR POST SUCH MATERIALS ON CUSTOMER'S WEBSITE. Errors and Corrections. CCC does not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. CCC does not warrant or represent that the information available on or through the website will be correct, accurate, timely, or otherwise reliable. CCC may make improvements and/or changes to its features, functionality or content at any time without notice. Third-Party Content. Third-party content may appear on this website or may be accessible via links from this website. CCC is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the website. The information and opinions in any third-party content is neither endorsed by nor does it reflect the beliefs or opinions of CCC or its employees, agents, and contractors. In addition, any third-party-content, including but not limited to content prepared by Customer, in the form of information, text, copy, photographs, graphic designs, logos, or other materials supplied to CCC by Customer for posting or inclusion on Customer's website is warranted and guaranteed by Customer to be the property of Customer or that Customer has the exclusive or shared right to use or post such material and/or content on Customer's website. As the customer, you are solely responsible for all the text, graphics,data contained within your website. You must ensure you have obtained proper permission needed for any of the Text, Data, Graphics, Photographs, or Videos prior to posting them on the website or having CCC post them on the website for you. Additionally, you as the Customer are fully responsible to make sure the content you put on your site is in compliance with the Legal Ethical Standards, Trademark, Patent, and Copyright laws of the United States and all jurisdictions in which Customer does or solicits business through the use of Customer's website. HOLD HARMLESS AGREEMENT: Customer hereby agrees to indemnify and hold harmless, CCC and its employees, agents, servants, and contractors, from any and all liability including the payment of attorneys' fees arising out of any claim, lawsuit, judgment or other indebtedness incurred by CCC as the result of its performance of its contract with Customer and for Customer's failure to perform its duties and/or obligations as set forth above or in the contract between Customer and CCC. CCC reserves the right to modify/update or revise this agreement without prior notice, at any point in time. Customer warrants that this agreement has been reviewed by Customer's attorney and that it is being entered into freely and with Customer's full consent and understanding as to its terms.
If any part of this Agreement is found or held to be illegal or unenforceable, such finding shall not render the rest and remainder of this Agreement illegal or unenforceable. In such case, the remaining portions and provisions of this Agreement remain in full force and effect. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any and all disputes between Customer and CCC will be settled by arbitration in New York, county of New York, in accordance with the regulations of the American Arbitration Association then in force, and Customer agrees that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party. All notices to Customer shall be in writing and shall be made either via email or conventional mail. CCC's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You represent and warrant that you are over the age of 18 years, and agree to be bound by its terms and conditions of this agreement.
_______________________________ Customer: By ____________________
_______________________________ CCC: By ________________________ |
Services for Law Firms / Lawyers            Latest LaunchesLaw Offices of Arnold E. DiJoseph CCC Was involved in the web design and development for Arnold E. DiJoseph as they launched this new web site. Marine Money International CCC Was involved in the web re-design and development for Marine Money as they launched this new site with great success. |
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© 2010 Creative Communications Corporation - CCC All Rights Reserved Creative Communications Corporation - New York (NY) - 917.675.0096 |
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