$175.00 Content Management System Terms of Service Agreement
("You" and "your" means the purchaser. "We","us" and "our" means 3db Web Design & Hosting).
1. You are getting a $175.00 web site. You are not getting custom programming, a shopping cart, or anything else, just our basic 5 page website as described on the home page of this website. All other time, service and functional enhancements to your website can only be made by upgrading to the next level service tier for an additional cost, or purchasing developer time in half hourly increments.
2. From the date of your purchase of the website, you will have 30 days to supply all text, graphics, audio and video files that you wish us to load on the website for you as part of the initial purchased 5 page website.
3. All graphics supplied by you to us for loading on the website will be optimized to load quickly but will not be edited. If you give us a poor quality photograph, you will have a poor quality photograph on your website.
4. Requirements for placing video's on your website: Video footage submitted for placement on your website, must confirm to the standards of one of the following video hosting providers: www.youtube.com, www.video.google.com, www.myspace.com, www.ustream.tv, www.revver.com, www.mybreak.org and www.mpora.com. Raw video footage cannot be submitted for placement on your website as part of this package. We will not edit, manipulate or backward engineer in any way any submitted video other than changing the size parameters to fit within the dimensions of the web page template. There is no limit to the number of video's you can submit, other than as defined by your hosting service provider.
5. The core Content Management System, CMS is a free Open Source software system called Joomla! and is provided at no cost to anyone who uses it. What you are paying for with this package is our time in development, configuration and programming to the specifications as defined in the deliverables described in the "Get Started" menu page and this Terms of Service page.
6. 3db Web Design & Hosting reserves the right to change the Terms and Conditions from time to time and will post these changes in the Terms of Service. Further, 3db Web Design and Hosting reserves the right to modify or discontinue any portion of the features currently provided in this package in the future to mitigate vulnerabilities. Just as there are inherent risk with operating systems and browsing the Internet, there exist certain risk and vulnerabilities with software in general. Thus, 3db Web Design & Hosting shall not be liable to you or any third party should 3db Web Design & Hosting exercise its right to modify, suspend, limit or discontinue any feature of this system when these vulnerabilities are identified. While we will make every attempt to maintain our current high functioning standards installed during the creation of your website, we may need to disable features should it become necessary at a later date due to not yet identified security reasons and or technical reasons(1). Should this happen, we will attempt to find alternative solutions immediately and provide you 7 business days to adopt our solution or discontinue the feature. From time to time, the core developers of the Joomla! community will update existing versions of this software otherwise know as Source Code, and or release security patches to address vulnerabilities in the form of "Security Releases" and or upgrade the functionality of the Source Code. 3db Web Design & Hosting will use the very latest source code when building your website. We will not be responsible for the updating of your website with security updates, releases and patches after delivery. It is advised that every website owner, or designated responsible person subscribe to the "Vulnerability News" feed or by email subscription service to be notified when these vulnerabilities are identified. You also agree and assume the risk for the continued operation of your website after these vulnerabilities have been identified and have chosen not to upgrade and or patch your website with any current or future provided updates and security releases. Should you wish to have 3db Web Design & Hosting update your website when updates are made available to the general public, we will do so at our advertised rates on a first come first served basis.
7. Support: 3db Web Design & Hosting offers these designs ‘as is’, with no implied meaning that they will function exactly as you wish if you make modifications after we deliver it to you by making subsequent updates, patches, security releases, all 3rd party extensions, components, modules or post delivery custom programming features. Further, after completion of your website, we offer no support via email or otherwise for installation, customization, administration, etc unless it is paid for at our advertized rates. A private members-only forum is available to 3db Web Design & Hosting members. 3db Web Design & Hosting does not commit to monitor these forums or systems, but we reserve the right to respond and answer questions. You acknowledge by your use of these systems, that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the use of this system.
8. Use of the system and this website shall be governed by and construed in accordance with the internal laws of the State of Utah. You agree to submit to the non-exclusive jurisdiction of any United States Federal or Utah State Court sitting in Salt Lake County, Utah in any action or proceeding arising out of or relating to the use of this website.
9. If any provision of the Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
10. You agree to and will provide ALL content and ALL Images that will be displayed on your website, with the exception of "News Feeds". 3db Web Design & Hosting can not and will not be responsible for the content or nature of the content of news feeds as this is out of our control once it is setup for you. You will be responsible for providing the RSS News feed link to us for the setup of the "News Feed" display.
11. After you purchase this system, you will have no more than a total of (30) thirty calendar days to deliver your content, images and all other information to 3db Web Design & Hosting in a digital format. Acceptable formats are (Word.doc, Word.docx, pdf, or .txt formats only for content ) and (.bmp, .jpg, .png, or .gif for images).
12. After 30 calendar days (approximately 20 business days), you will be responsible for the placement for any and all remaining content and images to be placed on your website. An Integrated help system is "built in" to each website and offers content specific help. After you purchase or after we deliver your website, a documentation manual link will be provided on www.3dbwebdesign.com so that you can download the very latest information this system has to offer. We will update this documentation as it becomes available and make it available to our subscribers in the members forum download section.
13. From time to time, the core system is updated when more enhancements are made available by developers of the system. Some of these updates are security enhancements, while others are functional in nature. It is your responsibility to make a backup of your system before attempting to make any upgrade, security release, enhancements or additional 3rd party extension. In no way will 3db Web Design be responsible for any loss under any circumstances. MAKE FREQUENT BACKUPS and create a scheduled data retention policy. 3db Web Design & Hosting has provided a easy way to back up and download your website as a standard feature and strongly advise its use.