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| Terms
of Service | Privacy
Policy | Acceptable Use Policy
| UCE / SPAM Policy | CGI
Abuse Policy |
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| Terms
of Service |
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Use of LaMarra's
Internet Services constitutes acceptance and agreement to LaMarra's
Internet Services AUP (Acceptable Use Policy) as well as LaMarra's
Internet Services TOS (Terms of Service) and UCE / SPAM Policy.
From herewith in this TOS, AUP, and UCE / SPAM Policy, the usage
of us, we, our, ours
shall constitute reference to LaMarra's Internet Services, the
usage of you, your, they,
them shall refer to client / customer of LaMarra's
Internet Services.
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1. APPROPRIATE
USE OF THE SERVICES.LaMarra's Studio, Inc. provides the Services
exclusively and makes no effort to edit, control, monitor or restrict
the content of data other than as necessary to provide such Services.
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Client
Content. Client agrees that it will not distribute, electronically
transmit or display any materials supplied by Client - or
through Client by a third party - to any LaMarra's Studio,
Inc. server in connection with Client's use of the Services
which:
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violate
any state, federal or foreign laws or regulations;
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infringe
on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of LaMarra's
Studio, Inc. or any third party;
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are
defamatory, slanderous or trade libelous;
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are
threatening or harassing;
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are
discriminatory based on gender, race, age or promotes
hate
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contain
viruses or other computer programming defects which result
in damage to LaMarra's Studio, Inc. or any third party.
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Bandwidth
and Disk Space. Client may occupy only the amount of disk
space on the LaMarra's Studio, Inc. Server and utilize no
more than the network bandwidth that is allotted by LaMarra's
Studio, Inc.. Additional fees, specified in the Hosting
plans page, will be charged for exceeding the disk space
and/or network bandwidth allowance of your selected plan.
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No
"SPAM". Client shall not use the Services for chain letters,
junk mail, spamming, or any use of distribution lists to any
person who has not given specific permission to be included
in such a process. Client also shall not engage in any unsolicited
email practices at LaMarra's Studio, Inc., or otherwise, that
mentions or reference any domain hosted on LaMarra's Studio,
Inc. servers or parked on LaMarra's Studio, Inc. DNS servers.
NOTE: THIS POLICY APPLIES TO SHARED SERVER ACCOUNTS, AND ALL
DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.
(Violators will be fined! Refer to our UCE (SPAM) Policy).
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Licensed
Software Only. Client agrees to use only properly licensed
third party software in connection with Client's use of the
Services.
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Back-Up
Files. Client will have the ability to reinstate files
which are automatically archived by LaMarra's Studio, Inc.;
however, LaMarra's Studio, Inc. does not guarantee the existence,
accuracy, or regularity of its backup services and, therefore,
Client is responsible for making back-up files in connection
with its use of the Services. Backup capability is available
through the Client’s Control Panel.
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Termination.
LaMarra's Studio, Inc. reserves the right to refuse service
to anyone. LaMarra's Studio, Inc., in its sole discretion,
may immediately terminate this Agreement, delete the files
in the account, and terminate the account, if the Client (or
anyone giving access to the Client's account by the client)
engages in any of the foregoing and/or violates any LaMarra's
Studio, Inc. policy posted on the LaMarra's Studio, Inc. Site
including, but not limited to, our Acceptable Use
Policy (includes Adult Content Policy), UCE (SPAM) Policy, and
CGI Abuse Policy..
To report any unacceptable behavior by a third party using
the Services, please contact abuse@lamarras.com.
2. PAYMENT
OBLIGATIONS
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Hosting
Fees. Hosting Fees are due on the 1st of each month. LaMarra's
Studio, Inc. shall debit Client's credit card (where such
information is provided by Client) or deliver by e-mail or
regular mail an invoice to Client on the 1st of each month.
Client shall remit payment to LaMarra's Studio, Inc. by no
later than the 10th of each month. LaMarra's Studio, Inc.
shall be entitled to immediately terminate this Agreement
for Client's failure to make timely payments to LaMarra's
Studio, Inc.. Certain services carry a set-up fee charged
by LaMarra's Studio, Inc. to Client that must be paid by Client
in order to have use of the Services.
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Website
Design. LaMarra's Studio, Inc. requires half of the total
website design quote to begin designing your website. The
balance is due when your website has been completed.
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Website
Photography. Website and/or product photography is due
upon completion of website.
- Website
Updates/Changes. All website changes and update fees will
be debited to you credit card on the 1st of each month along
with your hosting fee. If not paying by credit card you will
be invoived on the 1st of each month along with hosting fee.
Payment is due by the 10th of each month.
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Domain
Names. If Client chooses to register a domain name(s)
through LaMarra's Studio, Inc., Client acknowledges and agrees
that Client will pay a service fee(s) to register the domain
name(s). LaMarra's Studio, Inc. does not offer refunds for
domain name registrations for any reason, including misspelling
of the domain name.
- Policy
violations LaMarra's Studio, Inc. reserves the right to
charge the client (or anyone with access to the client's account)
for any work caused by violations of any LaMarra's Studio, Inc.
policies posted on the LaMarra's Studio, Inc. Site including,
but not limited to, our Acceptable Use
Policy (includes Adult Content Policy), UCE (SPAM) Policy, and
CGI Abuse Policy.
3. CLIENT
LIABILITY AND INDEMNIFICATION
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The
parties agree that in no event shall LaMarra's Studio, Inc.
be liable to any third party for Client's breach or alleged
breach of any of the terms and conditions set forth in this
Agreement. Client agrees to defend, indemnify and hold harmless
LaMarra's Studio, Inc. from any and all expenses, losses,
liabilities, damages or third party claims resulting from
Client's breach or alleged breach of any Client obligations
set forth hereunder.
4. DISCLAIMER
OF WARRANTY
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THE
SERVICES, THE LaMarra's Studio, Inc. SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED
ON THE LaMarra's Studio, Inc. SITE, AND ALL TEXT, GRAPHICS,
LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. LaMarra's Studio,
Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, LaMarra's Studio, Inc. SPECIFICALLY
DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE
NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY
METHODS EMPLOYED WILL BE SUFFICIENT.
5. LIMITATION
OF LIABILITY
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IN
NO EVENT SHALL LaMarra's Studio, Inc. BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE LaMarra's
Studio, Inc. SITE OR ANY LaMarra's Studio, Inc. PRODUCTS OR
SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.
6. Policy
Changes/Updates
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All
LaMarra's Studio, Inc. policies are subject to changes and/or
updates without notice to the Client or anyone with access
to the clients account. It is the Client's (or anyone's with
access to the Client's account) responsibility and/or obligation
to regularly review our policies for changes and/or updates.
LaMarra's Studio Inc. does not send notices of changes or
updates.
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