Acceptable Use Policy & Terms of Service
Creo Communico LLC reserves the right to change this Policy any time, please check this page frequently.
We strive to provide the best service we can to all our customers, but we will not tolerate any violations of our acceptable use policies in order to protect all of our customers.
By purchasing services from Creo Communico LLC you agree to be bound by the terms and conditions of this agreement. Your continued use of our services constitutes continuing acceptance of this agreement.
Note about support for shopping carts, blogs, and other scripts: Creo Communico LLC does not develop the scripts that you may choose to install on your hosting space and cannot provide detailed support or troubleshooting for these scripts. Where possible we’ve provided access to video tutorials and links to other support resources to help you. We may be able to help you with modifications to these scripts for an hourly fee.
ACCEPTABLE USE POLICY
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Creo Communico LLC, (the “Services”). As used in this Agreement, “Creo Communico LLC” means Creo Communico LLC, and “Client”, “you”, or “your” means you. By clicking on the “Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Creo Communico LLC site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Creo Communico LLC Site” refers to the site located at the URL http://www.creocommunico.com, or any other successor sites owned or maintained by Creo Communico LLC.
1. APPROPRIATE USE OF SERVICES
Creo Communico LLC 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 Creo Communico LLC 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 Creo Communico LLC 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 Creo Communico LLC policy posted on the http://www.creocommunico.com site. You agree that you will not send malicious e-mails which contain viruses or other computer programming defects which result in damage to www.creocommunico.com or any third party.
Bandwidth:
Client may occupy only the amount of disk space on the Creo Communico LLC Server and utilize no more than the network bandwidth that is allotted by Creo Communico LLC based on the specific plan purchased and paid for by client. Additional fees, specified on the http://www.creocommunico.com website, 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 Creo Communico LLC, or otherwise, that mentions or reference any domain hosted on Creo Communico LLC servers or parked on Creo Communico LLC DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined. We reserve the right to fine violators $500 per incident of spamming abuse.)
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 Creo Communico LLC; however, Creo Communico LLC does not guarantee the 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:
Creo Communico LLC reserves the right to refuse service to anyone. Creo Communico LLC, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact support@creocommunico.com.
2. PAYMENT AND SERVICE FEES
Full payment is required before any service is rendered, including renewals. Prepayment is due each 30 days following the date the account was established for monthly accounts (or every 3 months for quarterly, 6 months for semi-annually, or 12 months for annually). Billing will continue until you cancel your hosting account. You may cancel at anytime.
All prices and transactions are in $US Dollars. Payment methods accepted include Visa, Mastercard and PayPal. We do not issue refunds for hosting. Creo Communico LLC reserves the right to change prices at any time.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Creo Communico LLC 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 Creo Communico LLC 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. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation within the client area. All cancellation requests must be received by the end of the respective month of cancellation. Allow 48 hours for processing of cancellation request. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 2 – 8 shall survive termination or expiration of this Agreement. If Client terminates his/her account, Client shall be allowed to re-instate Client’s use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client’s account. Once payment has been received, Client’s account will be activated within Forty-Eight (48) business hours. Creo Communico LLC will maintain an archival copy of Client’s Web site for Seven (7) days after Creo Communico LLC receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
6. TAXES
Client will pay and indemnify and hold Creo Communico LLC harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. DISCLAIMER OF WARRANTY
THE SERVICES, THE CREO COMMUNICO LLC SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE CREO COMMUNICO LLC SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. CREO COMMUNICO LLC 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, CREO COMMUNICO LLC 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.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL CREO COMMUNICO LLC BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE CREO COMMUNICO LLC SITE OR ANY CREO COMMUNICO LLC 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. IN NO EVENT SHALL CREO COMMUNICO LLC CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US).
8. MISCELLANEOUS
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
Creo Communico LLC
PO Box 32606
Juneau, Alaska 99803
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Creo Communico LLC. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules.
This Agreement and Creo Communico LLC’s policies are subject to change by Creo Communico LLC without notice. Continued usage of the Services after a change to this Agreement by Creo Communico LLC or after a new policy is implemented and posted on the Creo Communico LLC Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Creo Communico LLC Site for any changes or additions. We reserve the right to make changes to the aforementioned terms at any time.
LOGO DESIGN TERMS
By ordering a logo design from Creo Communico LLC, you agree to be legally bound by these terms and conditions, including those terms and conditions incorporated by reference. Creo Communico LLC reserves the right to modify these terms and conditions at any time by updating this page.
Any reference made in these Terms and Conditions to products and services provided by Creo Communico LLC shall include, but not be limited to, all logo design work provided by Creo Communico LLC.
Satisfaction Commitment
We’ll create a logo based on the information you provide us when you place your order, and follow up revision requests made by email. The Satisfaction Commitment allows you 1 free redraw if you aren’t happy with your first set of logo concepts. This redraw must be requested within 72 hours of receiving your logo concepts.
Free Revisions
You are entitled to a maximum of 6 revisions for the business logo package. Revisions beyond 6 may be requested and we can provide you with a quote for any additional fees that would be necessary to complete them.
Communication
It’s your responsibility to ensure that the email address you order with can receive email from Creo Communico LLC. When your concepts are ready you’ll receive an email. Please respond within 5 days requesting any necessary revisions. After 10 days your project will be deemed complete if we have not received a response.
Your Files
Please save your final logo files somewhere safe. We may keep a copy in our archives, but we are not obligated to, and if you request the files again after 30 days there may be a charge to recreate them.
Termination
Creo Communico LLC reserves the right to terminate the service, at any time, and will decide, in its sole discretion, whether you are entitled to any refund. Refund may depend on the amount of time spent on a project. If you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related project. Additionally, you acknowledge and agree that you will have no right (express or implied) to use or ownership interest in any design concept, artwork, content, or media developed on your behalf by Creo Communico LLC.
Ownership/Copyright
Ownership of the final artwork is yours, after you approve the final design concepts. Creo Communico LLC retains the right to display the artwork in our portfolio and advertising materials. Your ownership rights under these Terms and Conditions is limited to the final design concept only. All concepts, comprehensives, modification, or other preliminary materials, which are not selected by Customer or are not included into the final delivery, remain the full property of Creo Communico LLC. Creo Communico LLC is not responsible for assuring the originality of any work delivered. We encourage you to perform your own independent searches with regard to your final design.
Trademarks and Service Marks
Creo Communico LLC shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final design concept. No trademarks or service marks in or to any final design concept are being conveyed under these Terms and Conditions.
Ideas and Materials Provided by the Customer
Any idea or material, including but not limited to, images, photographs, graphics, composites, sketches, drawings, text and illustrations supplied by you for inclusion, incorporation and/or addition into the design are your property, and you warrant that you have taken the necessary steps to acquire the permission of the legal copyright and/or trademark holder for the use thereof. You agree to indemnify Creo Communico LLC in the case that the supplied materials are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material.
Order Acceptance
Creo Communico LLC reserves the right to refuse and refund any projects or content that we deem inappropriate. We have the right (but not obligation) to pre-screen, refuse, or remove any project we find objectionable including any project that is illegal, obscene, indecent, defamatory, immoral, hateful, or otherwise violates our morals or ethics. If we refuse your order we will refund your payment.
Communications
You agree that any email or electronic communication you receive from us satisfies any legal requirement that such communications be in writing.
Indemnification
You agree to indemnify and hold Creo Communico LLC harmless against any and all claims, demands, regulatory proceedings, and all damages, costs (including, without limitation, settlement costs), and expenses of any kind whatsoever (including, without limitation, reasonable attorneys fees) directly or indirectly arising from or relating to our agreement or Creo Communico LLC provision of products or services to you including, but not limited to, (i) your use or misuse of any product or service supplied by us or third parties through us approved by you or any materials or information supplied by you; (ii) any products, services or activities undertaken by Creo Communico LLC on your behalf.
Legal Disputes
You hereby agree and consent to venue in Anchorage, Alaska, USA in the event of any legal action regarding these Terms and Conditions or of any copyright enforcement issues.
Additional Legal Terms and Notices:
