TERMS OF USE & SERVICES
Company Charter
Commercial Grade Software, Inc. provides graphic design, website hosting, on-line services, identification services, security consulting, software development, integrations, general consulting and various other technologies and services primarily intended for businesses, churches and community organizations.
Controversial, political, offensive, porn, hacker, etc. websites fall outside of our charter, as they may directly or indirectly taint the reputation of Commercial Grade Software, Inc. or its associated members.
Commercial Grade Software, Inc. is not an Internet service provider. E-mail settings will be provide once, free of charge. Additional requests for support will be billed at our rates listed below. (3)
Content
All services provided by Commercial Grade Software, Inc. may be used for lawful purposes within the scope of our Company Charter only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is considered "adult only" content, material potentially construed as offensive, or material protected by trade secrets and other statute.
Note: Pornography and sex-related merchandising are prohibited. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the Internet. Links to such material are also prohibited. Examples of non-acceptable content or links:
- Pirated software or MP3 files
- Hackers programs or archives
- Warez Sites
- Porn
- Spamming Software
- Non-Charter/Controversial/Offensive Subject matter
Commercial Grade Software, Inc. will be the sole arbiter as to what constitutes a violation of this provision.
Accounts terminated due to policy violations will not be refunded.
Hosting Service Guarantee & Refund Policy
We offer an unconditional 30 days money back guarantee on our hosting. Simply mark your bill "Cancelled" and subtract hosting services from any fees incurred. Services, domain fees, certificate fees, set up fees, etc. are nonrefundable, as resources have been spent at your request.
Website development entitles our clients to use all graphic art, layout, data, and html material developed for your web site in any other project immediately representing the client, even a web site hosted by a new company. Domains purchased exclusively for the client (they appear itemized on your bill) belong to the client.
We do not lock domains purchased specifically for customers, and arrangements can be made to transfer your domain name to a new provider.
Verbal Agreements
All substantial agreements must be made in writing.
Support, Fees, Billing and Payment Terms
Development and support on existing web sites will be charged at a rate of $49 per hour for work in our Howland office during normal business hours in 15 minute increments. On-site consulting will be charge at a rate of $69 per hour. Priority work, requiring work on Saturday, will be billed at time and a half. Emergency work, requiring work on Sunday, will be billed at double time. (2)
All invoices must be paid within 25 days of invoice date. All delinquent accounts will be assessed a $25 charge each month (25 days) payment is not received in full. A second invoice may follow in 30 days. If an account remains delinquent 55 days after its original invoice date an additional 5% penalty may be added for each month of the delinquency and the web site may be deactivated along with a $100 fee for reactivation. Delinquent accounts may not receive web site management, including auto renewal services on domains.
Client is responsible for any fees it causes Commercial Grade Software, Inc. through its own fault, such as a bounced check plus a $25 fee. Commercial Grade Software, Inc. reserves the right to remove or make unattainable any web site, domains, materials, code, etc. of a delinquent account until full payment is received. Commercial Grade Software, Inc. shall be entitled to reasonable legal fees in the event the services of an attorney or collection agency become necessary.
Hosting and development charges may be adjusted at the beginning of each year to reflect estimated changes in overhead due to inflation.
Traffic Guidelines
Web site administrators can easily view site statistics by logging in. Sites which exceed maximum traffic for the current plan will be automatically upgraded to the next hosting plan until average traffic drops back to normal levels for a minimum of one month. A correction bill will be issued should your plan require an automatic upgrade. Customer has the option to cancel hosting or pay this revised bill within 30 days. Any traffic which brings our servers to a stand still may result in immediate suspension of hosting services without notice, until the cause can be determined and corrected. Customer agrees not to hold Commercial Grade Software, Inc. liable for any direct or indirect losses which my result.
Distribution and/or transmission of obscene or indecent speech or materials
Violation of indecency and obscenity laws can result in criminal penalties.
Security
Customer agrees not to disclose username and/or password to third parties. Customer agrees he/she may be held responsible for any damages which result in the violation of this clause, including but not limited to: hacking, copyright violations, incidental cost and damages either directly or indirectly caused.
Customer shall not be held responsible for disclosure of username and password without the consent of the customer and obtained through the use of trickery, hacking, spyware, etc.
Copyrighted Materials
Materials, accessible to you through Commercial Grade Software, Inc. services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, you must not use Commercial Grade Software, Inc. services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Commercial Grade Software, Inc. network. If you use a domain name in connection with Commercial Grade Software's service, you must not use that domain name in violation of any third party trademark, service mark, or similar rights.
Any pictures of person/persons included in your website must be covered by a Photo Release. Customer agrees to compensate models, obtain a signed photo release from each individual portrayed in its web site, maintain an archive of releases and to hold Commercial Grade Software, Inc. blameless for any actions resulting from failure to obtain photo releases, etc.
Materials provided by the customer for inclusion in a website may be subject to United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Customer is responsible for insuring all materials, graphic or written, meet all legal requirements. Custom agrees to immediately inform Commercial Grade Software, Inc. of any violations and to hold Commercial Grade Software, Inc. blameless for any infringements.
Customer is solely responsible for the content of its web site and payment for copyrighted materials. Customer will check the web site from time to time to insure compliance.
Commercial Grade Software, Inc. Copyrights
All nonpublicly available code, database design, nonpublic assembly of technologies, and intellectual property developed by Commercial Grade Software, Inc. is copyrighted and always remains the property of Commercial Grade Software, Inc. Domains purchased for common use between web sites remain the property of Commercial Grade Software. Inc.
All web sites share a "common core" of code which has been developed exclusively by Commercial Grade Software, Inc. for common use by all actively hosted clients and shall not be released with any web site upon termination of hosting. Said "common core" includes all code within each web site's "common" directory as well as all libraries starting with "common_". All clients may freely use this "common core" of technology as part of the hosting package with Commercial Grade Software, Inc.
Commercial Grade Software, Inc may grant to certain clients the right to code developed specifically for their exclusive use. Such code will be located in their web site's root directory and libraries will begin with the web site name. The "common" directory and libraries are excluded as stated above. Commercial Grade Software, Inc. does not thereby release its copyright on said material, but rather grants specific rights to said client to continue using Commercial Grade Software, Inc. code and technologies as long as it protects said code from use by third parties and public disclosure. Client agrees to protect the release of said code through the use of nondisclosure agreements and is responsible to the extent it fails to use and enforce such agreements.
Network security
Customers may not use Commercial Grade Software, Inc.'s network in attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Commercial Grade Software, Inc. will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
SPAM or unsolicited mail
You must not use Commercial Grade Software's network, Commercial Grade Software's equipment or any Commercial Grade Software's email address in connection with the transmission of spam, flames, mail bombs, or similar unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way implicates the use of the Commercial Grade Software's network, Commercial Grade Software's equipment or any Commercial Grade Software's email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without prior consent. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, Commercial Grade Software reserves the right to disable your account without prior notice. Commercial Grade Software, Inc. has the right to refuse or cancel service to known spammers. Finally, Commercial Grade Software, Inc. reserves the right to determine at its sole discretion what constitutes a violation to its anti-spam policy. Any violation in regards to this policy may result in cancellation of services without refund.
Abuse
Any attempt to undermine, slander, libel, threaten or cause harm to any Commercial Grade Software's customer, employee, and property or to the company directly is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law. Use of abusive or profane language against or in the presence of any Commercial Grade Software, Inc employee or customer is cause for termination without refund.
Limitations on Liability; Exclusion of Consequential Damages; No Warranty
Customer agrees to indemnify, defend and hold harmless, Commercial Grade Software, Inc., its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from: loss of services (either due to scheduled maintenance or outside of our control), any violation of this Terms of Use, software flaws (either caused by Commercial Grade Software, Inc. or a third party), hardware failure, hacking, abuse, fraud and any losses resulting directly or indirectly as a result of system design or changes.
IN ALL EVENT CUSTOMER AGREES TO LIMIT THE CUMULATIVE LIABILITY OF COMMERCIAL GRADE SOFTWARE, INC., ITS SUBSIDIARIES, OTHER AFFILIATED COMPANIES, ITS OFFICERS, DIRECTORS AND EMPLOYEES TO THE AMOUNT PAID FOR PRODUCTS AND SERVICES RENDERED IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS.
Customer agrees to defend Commercial Grade Software, Inc., its subsidiaries and other affiliated companies, its officers, directors, employees and agents from third party lawsuit and is explicitly forbidden from guaranteeing to anyone uninterrupted services. Although we strive for 100% up-time, any number of failures outside our control may cause an outage.
All code is presented "as is," without warranty. Client is encouraged to test code after development or changes. Commercial Grade Software, Inc does not charge for fixing bugs in the "common core" unless functionality was added which is considered by CGS to be unusable by any other client. Any code developed or maintained exclusively by and for the use of an individual client will be charged hourly support listed above.
Disclaimer
Commercial Grade Software, Inc. will not be responsible for any damages your business may suffer. Commercial Grade Software, Inc. makes no warranties of any kind, expressed or implied for the services it provides. This includes loss of data resulting from delays, non-delivery of services, wrong delivery of services, and any service interruptions caused by Commercial Grade Software, Inc. or its employees. Commercial Grade Software, Inc. reserves the right to amend or update these terms without notice. Customer is responsible for watching for changes. Failure to follow any terms and conditions may result in account deactivation.
Refusal of service
Commercial Grade Software, Inc. reserves the right at its sole discretion to refuse or cancel service. Violation of any of Commercial Grade Software's Rules and Regulations could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension.
Duration of Terms & Modification
From time to time it becomes necessary to clearify or modify this agreement. Clients are to print out, review, consent and be bound by any changes each and every time they renew their hosting. Clients who disagree with the new terms are free to take their business elsewhere under the terms which they printed out at their last hosting renewal.
Added/Modified
Annotations below mark the most substative changes in this Agreement. Client agrees to re-read the entire agreement before consenting through hosting renewals.
(1) January 16, 2008
(2) January 23, 2008
(3) January 30, 2008 |