Terms of Service | Privacy Policy | Acceptable Use Policy | UCE / SPAM Policy | CGI Abuse Policy
 
Terms of Service
 

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.

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.
  • 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:
    • violate any state, federal or foreign laws or regulations;
    • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of LaMarra's Studio, Inc. or any third party;
    • are defamatory, slanderous or trade libelous;
    • are threatening or harassing;
    • are discriminatory based on gender, race, age or promotes hate
    • violate 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.
    • contain viruses or other computer programming defects which result in damage to LaMarra's Studio, Inc. or any third party.
  • 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.
  • 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).
  • Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
  • 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.
  • 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
  • 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.
  • 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.
  • 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.
  • 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

  • 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
  • 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
  • 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
  • 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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