Policy

The following terms and conditions apply to all web site development and hosting services offered by ShadowDezign/TheDezignGroup.

ShadowDezign/TheDezignGroup reserves the right to refuse to develop any web site that we may determine as unsuitable due to content or otherwise based on the company's policy. This includes, but is not limited to:

• Sites containing adult oriented material such as pornography or sites that contain links to adult sites
  
  
• All subscribers shall be at least 18 years of age
  
  
• Sites promoting and/or encouraging racism or any hatred towards persons belonging to any ethnic group, religion or sexual orientation
  
  
• Sites that infringe copyright
  
  
• Sites encouraging or providing instructions that endorse illegal activities
  
  
• Sites that sponsor online Casinos/Gambling or Warez
  
  
• Spamming (sending unsolicited email). The following types of email that constitutes our definition of spam:
  
  

• Fraudulent addressing email To/From address other than from the actual sender or to the actual recipient
• Message subject not related to the email body
• Email not requested by the recipient
• Emails sent in bulk by sender
• Mail bombs

If you have any questions regarding our policies, feel free to contact us.

Additional Terms

Under no circumstances, including negligence, shall ShadowDezign/TheDezignGroup or anyone else involved in administering or distributing the ShadowDezign/TheDezignGroup services:

• Be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ShadowDezign/TheDezignGroup services and/or software
• Including but not limited to reliance on any information obtained, or stored, on ShadowDezign/TheDezignGroup's servers
• Alternatively, that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance
• Whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to ShadowDezign/TheDezignGroup's records, programs, or services.
• IN ADDITION, all services made available by ShadowDezign/TheDezignGroup are provided on an "AS IS" basis.
• ShadowDezign/TheDezignGroup RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME without notification.

Jurisdiction

This agreement shall be governed by the laws of the State of California. Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.

Privacy Policy

ShadowDezign/TheDezignGroup has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for ShadowDezign/TheDezignGroup services.

Personal Information

ShadowDezign/TheDezignGroup collects personal information when you sign up for our services. It is necessary to help us identify you in the future. UNDER NO CIRCUMSTANCES will we share any personal information with any third parties or will we use any personal information for any other purposes.

External Links

This site contains links to other sites. ShadowDezign/TheDezignGroup is not responsible for the privacy practices or the content of such third parties web sites.

Hosting Terms and Conditions

ShadowDezign/TheDezignGroup provides web hosting services and has the responsibility to protect each client and provide him or her with the best services available. Please read the following guidelines very carefully before ordering our services.

1) Customers may not sublease or give away control of any portion of their ShadowDezign/TheDezignGroup space and/or resources; however, a custom agreement may be worked out.

2) All services provided by ShadowDezign/TheDezignGroup may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal or local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy.

The subscriber agrees to indemnify and hold harmless ShadowDezign/TheDezignGroup from any claims resulting from the use of the service that damages any of our subscribers or any other party. All pornographic content and sex-related merchandising is prohibited on all ShadowDezign/TheDezignGroup servers. This includes sites that may infer sexual content or links to adult content elsewhere.

ShadowDezign/TheDezignGroup will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to ShadowDezign/TheDezignGroup servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software, Hacker programs, or archives Warez sites. ShadowDezign/TheDezignGroup will be the sole arbiter as to what constitutes a violation of this provision.

3) Spamming, or the sending of unsolicited email, from a ShadowDezign/TheDezignGroup server or using an email address or domain that is maintained on a ShadowDezign/TheDezignGroup machine as reference is STRICTLY prohibited. ShadowDezign/TheDezignGroup will be the sole arbiter as to what constitutes a violation of this provision. You will be charged $50 for each SPAM complaint we receive.

4) Any attempt to undermine or cause harm to a server, or customer, of ShadowDezign/TheDezignGroup is strictly prohibited. This includes, but is not limited to:

• Using programs that consume excessive CPU time
• Attempting to bypass any measures we have in place to monitor customer disk space or bandwidth usage
• Allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account
• Resale of disk space without an appropriate reseller agreement
• Use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers.

Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service. Operation of proxy scripts or a "proxy server" is prohibited. Additionally, using excessive bandwidth or "transfer" is considered harmful. All excessive bandwidth usage will be charged at $4.50 per GB over their allotted amount.

5) Access to Other Computers or Networks. Customer shall neither allow, nor participate in the illegal or unauthorized accessing (often known as "hacking" or "cracking") of computers or networks operated and/or maintained by ShadowDezign/TheDezignGroup. Customer shall not use our systems to engage in illegal activities including, but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence. These unacceptable uses carry potential civil and criminal penalties under both federal laws and the laws of most states and may constitute grounds for immediate termination.

6) System and Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with Service to any user, host or network including, without limitation, electronic junk mailing, flooding, or deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

7) Under no circumstances shall ShadowDezign/TheDezignGroup be responsible for the loss of any customer's data from our servers. Possible reasons for loss of data may include external or internal attacks against our servers or network, hardware failure, user error, network failure, forces of nature and administrative error. Each account is equipped with a utility to provide backups for the user's website. We encourage each customer to make regular backups of their data.

8) If any terms or conditions in this document are breached it shall be deemed grounds for account deactivation.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating this policy, you will forfeit your rights to any refunds and none will be given. Our normal policy is a warning first and if the offense continues, the account deactivation without any further warnings.