Disclaimer, Terms of Use &
Privacy Statement...
Please read the following carefully. As we live by the 'Common Sense
Courtesy Rule of Respect
and Trust' to each other, our co-workers, clients, friends and
partners, and we strive to apply such in all aspects of our lives, we have placed the below information here
for "Technical" reasons as it
applies to the various services we offer our Clients.
Hinton Web Design & Hosting Inc (HWD&H), does not necessarily
endorse, support, sanction, encourage, verify or agree with the content, comments, opinions or
statements by HWD&H customers, banner exchange participants, advertisers, vendors or
partners. Information, products, and services offered, sold or placed online belong to the respective
companies or individuals who
place them there and are not representative of HWD&H. The user
understands that HWD&H is not
responsible for the content, quality or merchantability of any
information, product or service offered herein and the user must assume full responsibility to evaluate
independently the accuracy,
completeness, quality and usefulness of any information or other
content.
HWD&H hereby expressly disclaims any and all warranties, express and
implied, including but not
limited to any warranties of accuracy, reliability, merchantability
or fitness for a particular purpose by any
or from any action taken (or refrained from being taken) as a result
of using the Site or any such vendor, customer, or associate offering information,
products, and services through
HWD&H's web site, linked to HWD&H's web site, built by HWD&H, or
hosting with HWD&H. The
user agrees that HWD&H is not responsible, and shall have no
liability what-so-ever in any way,
shape or form, to such user, with respect to any information,
product or service offered by others
who are linked to the HWD&H web site or hosted on HWD&H servers.
HWD&H shall not be liable for any damages allegedly sustained arising out of use of the
information, products and services.
Hinton Web Design & Hosting Inc, affiliates and associates shall not
be liable, at any time for
damages (including, without limitation, damages for loss of business
projects, or loss of profits)
arising in contract, tort or otherwise from the use of or inability
to use the Site, or any of its contents, or for any failure of performance, error, omission,
interruption, deletion, defect, delay in
operation or transmission, computer virus, communications line
failure, theft or destruction or
unauthorized access to, alteration of, or use of information
contained on the site. No representations, warranties or guarantees whatsoever are made as to
the accuracy, adequacy,
reliability, completeness, suitability or applicability of the
information to a particular situation.
Certain links on the Site lead to resources located on servers
maintained by third parties over whom HWD&H has no control or connection, business or otherwise.
These sites are external to the
HWD&H site and by visiting these, you are outside the HWD&H website
and its channels. HWD&H
neither endorses in any way nor offers any judgment or warranty and
accepts no responsibility or
liability for the authenticity, availability of any of the goods or
services or for any damage, loss or
harm, direct or consequential or any violation of local or
international laws that may be incurred by
your visiting and transacting on these sites. Certain material used
in this web site is neither the
property of HWD&H, and may be the property of affiliates or of
unknown origin including but not
limited to: clip art, color pages, pictures, etc..
HWD&H hereby expressly disclaim any implied warranties imputed by
the laws of any jurisdiction.
Hinton Web Design & Hosting charges $25 an hour for all web design
services.
HWD&H provides an estimation of costs based on the information
presented to us at the time of
request for quote. For Websites we build, we offer an all inclusive
package which contains:
Website Submits (Website Submits are NOT done for Personal Websites
unless requested) (For Website
Construction of 30 hrs or more
($750 and up)). At the end of that one year the Client has the
option of renewing Website Submits.
Maintenance & Updates are charged by the hour and may be renewed at
any time as hours are
carried over until used. Please note: If you have additional
information to add after an
approximation has been given, the initial estimate becomes invalid
and a new estimation will be
issued. For an accurate Quote on how long it would take to build a
website HWD&H requires all the
information you would like on your website. This could include
pictures, description of your
company, work done in the past, products & services etc.. The more
information you can provide us
the more accurate your Quote* will be. A 30% deposit may be required
on large Quotes prior to
start of construction.
Please read any and all "fine print" within this website for
additional information and further
disclaimers pertaining to but not limited to Website Design,
graphics, maintenance, updates,
submits, directories, hosting, privacy, etc..
Terms of use:
1. Hosting, Website Submits, Maintenance & Updates, and any other
related fees or charges:
(a) Fees will be paid on an annual basis and in advance. Charges
start from the first day your
account is activated. The Client shall remit payment to the Host by
credit card via 1-866-865-5516
or conventionally by post in advance of each new year of service.
(b) Failure to make payment when due may result in
suspension/disconnection of the Hosting
and/or other services. A reconnection fee of $45.00 plus the annual
hosting payment will be
payable thereafter for resumption of service upon receipt of overdue
payment.
(c) All fees and charges will be subject to GST.
2. Hosting Conditions and Client Undertakings
(a) The Client undertakes to pay the fees and charges specified
herein within a specified timely
manner.
(b) The Client undertakes to comply with the Host's Code of Conduct
and acknowledges and
agrees that the Host is entitled at any time and without notice to
remove the Website from its
Server and/or bar access to the same in the event of any violation
or alleged or suspected violation
of such Code of Conduct or if otherwise authorized to do so by a
competent law enforcementagency.
(c) The Client undertakes that any material contained in or linked
to its Website and (if applicable)
contained in its discussion group, Chat Room or Bulletin Board
("Material") must comply with the
following basic standards:
(i) All information and activities must be legal, decent and honest;
(ii) Data protection legislation within the law must be adhered to
in order that the collection of
personal information is not traded or disclosed illegally.
(iii) Distance selling requirements as related to on-line activities
must be complied with as laid
down by the law.
(iv) Other applicable trading standards and laws and regulations as
the same are created from
time to time and notified to the Client.
3. Specific Responsibilities of Client
(a) The Client is solely responsible for the accuracy, legality,
currency and compliance of its own
material and Website and will be solely liable for false,
misleading, inaccurate, infringing or other
actionable material contained or referred to therein.
(b) The Client is solely responsible for maintaining the
confidentiality and security of its Internet
account and usage including use of its unique logon ID, (where
applicable).
(c) The Client acknowledges and agrees that the Host may be required
by a law enforcement
agency to monitor Website content and traffic and if necessary give
evidence of the same together
with use of the logon ID to support or defend any dispute oractionable cause or matter which
arises in relation to the same.
(d) The Client understands and agrees to the following: NO MP3 for
download, NO Adult Content
such as, but not limited to, Pornography or related material. This
is strictly forbidden on HWD&H
servers.
(e) The Client undertakes to comply with generally accepted
principles of Internet usage (whether
governed by the laws of any jurisdiction or not) including:
(i) refraining from sending "spam mail" (i.e. unsolicited mass
communications);
(ii) never sending mail bombs, Trojan horses, viruses or other
disruptive programs or devices;
(iii) never pirating or otherwise illegally copying software or
other proprietary material;
(iv) never violating the security of any Website or engaging in
unauthorized decryption of protected
material.
4. Indemnity and Waiver
(a) The Client agrees to indemnify and keep indemnified the Host,
their successors and assigns,
and each of their respective directors, officers, employees and
agents (collectively "Host") from
and against any and all liability, damages, losses, claims
(including reasonable legal fees) resulting
in any way from its use of and from any material posted on this
Website, to its discussion groups or
from any other matter relating to this Agreement including but not
limited to use of the information
contained on the Website, from discussion groups or arising from any
introduction or collaboration
resulting there from or otherwise arising from the Website.
(b) The Client waives any right to bring any claim or action against
the Hosts for any loss, damage
or injury arising from use of the Website or any Material from the
Website or from the Code of
Conduct.
5. Exclusion of Warranties
(a) The Host does not warrant that the Hosting Service or the Server
will be continuously available
24 x 7 x 365 but will use its reasonable endeavors to keep downtime
to a minimum.
b) The Client accepts the Hosting Service and Server "AS IS" with
any faults or failings and without
any representation, warranty or guarantee whatsoever, express or
implied, including without
limitation any implied warranty of accuracy, completeness, quality,
continuity of service,
connectivity, merchantability, fitness for a particular purpose or
non-infringement.
6. The Host's Liability
(a) The Host shall not be liable to the Client for any loss or
damage whatsoever or howsoever
caused arising directly or indirectly in connection with this
Agreement, the Server, the connectivity
to the Internet, the Hosting, the Website, any software, its use,
application, support or otherwise,
except to the extent to which it is unlawful to exclude such
liability.
(b) Notwithstanding the generality of (a) above, the Host expressly
excludes liability for
consequential loss, damage or corruption to the Website, its
software, other software or data, or for
loss of profit, business, revenue, goodwill or anticipated savings.
(c) In the event that any exclusion contained in this Agreement
shall be held to be invalid for any
reason and the Host becomes liable for loss or damage that it may
otherwise have been lawful to
limit, such liability shall be limited to the Hosting Fee paid by
the Client in the year in which the
liability occurred.
(d) The Host does not exclude liability for death or personal injury
to the extent only that the same
arises as a result of the negligence of the Host its employees,
agents or authorized
representatives.
7. Copyright, Patents, Trade Marks and Other Intellectual Property
Rights
(a) The Client shall indemnify the Host fully against all
liabilities, costs and expenses which the Host
may incur as a result of work done in accordance with the Client's
instructions in hosting or design
of the Website or other Graphics involving infringement of any
copyright, patent or other proprietary
right (including but not limited to framing or linking to third
party Websites and/or thirdparty
proprietary material).
(b) The Client shall understand that any and all graphics created by
the Host for Website Design or
anything pertaining to, by not limited to, promotional/ media
materials, such as: flyers, newspapers,
catalogues, calendars, brochures, business cards, ads, letterhead,
etc., remains the property of the
Host and shall not be used without the Hosts prior knowledge or
acceptance.
(c) The Client shall further understand that if the Client wishes
full copyrights of any designs the Host
has created, the Client shall pay an amount deemed fair by the Host
of no less then $1000 (One
Thousand Dollars) however, the Host may release such copyrights
providing any services provided
by the Host to the Client are paid in full and total over said
amount. This would include, but not be
limited to, the Hosts services of Website Design, all Graphics,
Server Hosting, Layout,
Maintenance & Updates, Referrals, Printing, and anything the Hosts
deems fair. If over time the
above mentioned holds true, the Host may release such rights at
their own discretion.
(d) The Host shall hold all Copyright, Patents, Trade Marks and
Other Intellectual Property Rights,
until the above mentioned holds true.
8. Support and Maintenance
The Host can provide or arrange for the provision of support and
maintenance of the Website and
support for the Server and connections to the Internet. Please view
our Maintenance page.
9. Termination
(a) Notwithstanding any other provisions herein contained, and
without prejudice to any other rights
such party serving notice may have, the Host may forthwith terminate
this Agreement by written
notice to the Client if any of the following events occur:
(i) if the Client commits any breach of the terms or conditions of
this Agreement including the terms,
conditions and provisions of any schedule attached or adopted hereto
and fails to remedy such
breach (unless it is a breach which entitles the Client to terminate
this Agreement immediately or
insofar as such breach is not capable of remedy to furnish adequate
compensation therefore)
within thirty (30) days after receiving written notice requiring it
so to do.
(ii) if the Client becomes bankrupt or compounds or makes any
arrangement with or for the benefit
of its creditors or (being a company) enters into compulsory or
voluntary liquidation or
amalgamation (other than for the purpose of a bona fide
reconstruction or amalgamation without
insolvency) or has a receiver or manager appointed of the whole or
substantially the whole of its
undertakings or if any distress or execution will be threatened or
levied upon any equipment and/or
software or other property of the party entitled to serve notice
hereunder or if the other party is
unable to pay its debts in accordance with the law relating to this
Agreement.
(iii) If the Client neglects to pay any and all fees or charges for
any work/service provided by the due
date of the second notice of overdue balance.
Neither party will be under any liability to the other in any way
whatsoever for destruction, damage,
delay or any other matters of that nature whatsoever arising out of
war, rebellion, civil commotion,
strikes, lock-outs and industrial disputes, fire, explosion,
earthquake, acts of God, flood, drought, or
bad weather or the requisitioning or other act or order by any
Government department, council or
other constituted body.
Any notice required or permitted under the terms of this Agreement
or required by statute, law or
regulation will (unless otherwise provided) be in writing and will
be delivered in person, or
registered mail (properly posted and fully prepaid in an envelope
properly addressed) or sent by
facsimile or by e-mail to the respective parties.
Failure or neglect by the Host to enforce at any time any of the
provisions hereof will not be
construed nor will be deemed to be a waiver of the Host's rights
hereunder nor in any way affect the
validity of the whole or any part of this Agreement nor prejudice
the Host's rights to take subsequent
action.
The headings of the terms and conditions herein contained are
inserted for convenience of
reference only and are not intended to be part of or to affect the
meaning or the interpretation of any
of the terms and conditions of this Agreement.
In the event that any of these terms, conditions or provisions or
those of any schedule or attachment
hereto will be determined by any competent authority to be invalid,
unlawful or unenforceable to any
extent such term, condition or provision will to that extent be
severed from the remaining terms,
conditions and provisions which will continue to be valid to the
fullest extent permitted by law.
Privacy Statement:
Hinton Web Design & Hosting Inc, (hereinafter “HWD&H”) values the
privacy of our customers and
takes reasonable measures to safeguard that information from
unauthorized use. The following is a
detailed explanation of our privacy policy with regard to the HWD&H
web site and our related family
of Internet Services. Please note we are not responsible for the
information collection practices of
those web sites that are linked to our site. You should review those
sites privacy policies before
submitting any private information.
What Information Do We Collect?
We employ various methods for collecting information. To begin with,
we use “cookies” that are
needed to compile aggregate non-personally identifiable information
about the visitors to our web
site. Personally identifiable information consists of information
that is unique to you, such as credit
card numbers, bank accounts, social security numbers, home address,
email address and the like.
This is the type of information that most people consider private
and deem the most important to
protect from unauthorized access.
Non-personally identifiable information most often consists of
things such as your search
preferences, the types of products you have bought, how many times
you have visited a particular
web site, etc. This type of information is usually associated with a
particular computer or IP address
but not with a particular person. “Cookies” are pieces of
information generated by a Web server
and stored in the user's computer, ready for future access. Each
time you access our web site; our
server finds the relevant cookie on your computer. The information
contained within that cookie is
then used to customize your experience with our site. The following
is a list of the information we
collect:
We automatically record the name of the domain (for example, "yourcompany.com"
if you use a
private Internet access account, or "yourcollage.edu" if you are
connecting from a university's
domain); the IP address (a number that is automatically assigned to
your computer when you are
using the Internet) from which you access our website; the type of
browser and operating system
used to access our site; the date and time you access our site; the
Internet address of the website
from which you linked directly to our site; and the pages you
visit.
Should you send us an email about a question or comment; we will
then have access to personal
information such as your name and email address and Phone number if
you request we
telephone/fax you.
Why Do We Collect This Information?
The non-personal information that we collect from you may be used
for both internal and external
purposes, in order for us to make your experience with our site more
enjoyable. The aggregate
data we collect from you is used internally and externally to help
us increase our marketing efforts
and to provide pertinent data to the members of our Internet family.
We may also use your email
address to notify you of other products or services you may be
interested in. Your email address
may also be used to contact you regarding a question or comment you
submitted to our site. Your
Personal Information is collected for billing/invoicing/renewal
purposes.
How Is Your Information Protected?
All information submitted by a customer via the Internet is stored
on a server, which requires
proper-authentication for access. The server is housed in a secure
environment that employs a
variety of techniques to protect your information. We also use
anti-virus protection software to
guard against outside attacks on our networks. All employees that we
do hire have to sign a
confidentiality agreement that forbids them from disclosing any
information to which the employee
has access, to other individuals or entities. We also have back up
servers and power supplies to
guard against power outages and other natural occurrences that could
pose a threat to the integrity
of your personal information. Our servers are manned 24-hours a day,
in a building that is UL
approved for fire protection. When an employee is terminated or is
no longer with the company, we
change the access codes that the employee used to access any
customer accounts. Employee
passwords must contain both numeric and alphanumeric characters; be
at least 6 characters long,
and must be changed every 60 days.
Any information submitted by a customer by other means such as the
mail, or by facsimile, is
stored in a secure area. Access to this information is limited to
only those employees who need the
information in order to do their job effectively.
Who Has Access To Your Information?
HWD&H does not lease, license, sell or share any of this information
with anyone or any company
except as mentioned in the proceeding paragraphs or in the
paragraphs below. Only those
employees that are responsible for handling customer services
inquiries have access to your
personal information. Additionally, employees in our technical
department may have access to your
personal information in order to conduct routine checks on the
integrity of our system and in order
to perform necessary maintenance work. The only time someone other
than a HWD&H employee
will ever see or be privy to your personal information is in the
case of a judicial request (such as a
subpoena) or if the company is acquired or sold. In the event the
later happens, HWD&H will give
reasonable notice to all existing users of our service. The
aggregate data that we collect may be
shared with outside companies in order help promote the HWD&H web
site or to provide relevant
data to one of our sister companies.
Can You Opt-out Of Having Certain Information Collected?
You have the option of disabling your computer’s ability to accept
or transmit cookies. This will
prevent us from gathering certain non-personally identifiable
information from your computer.
Furthermore, you have the right to opt out of any email list you
might have signed up for in the past.
You also have the option of requesting not to be notified by email
of any new product or service we
are offering. Please contact us at admin@hintonwebdesign.ca in
order to complete one of the
opt-out choices above.
Notice Of Changes To This Privacy Policy
We reserve the right to change this privacy policy at any time.
However, if any changes do occur,
we will publish the changes to our web site and post a notice on the
home page that a new privacy
policy has been implemented. We will also take reasonable steps to
contact you personally to let
you know of the new changes. Should the company be bought or sold to
someone else, we will take
reasonable steps to notify you personally. You will then be given
the option to keep your account
open or to terminate. Please feel free to contact us if you should
have any questions regarding this
policy or to report a misuse of your personal information. ron@hintonwebdesign.ca
subject line :
ATTN: SecurityAlert!
In respect to any of our Business Directories, only the Business
Name, Phone Number & Available
Address is collected and listed free of charge. As HWD&H gathers
this information from various
areas such as Telus Phone listings, Area Community Directories and
other such methods that are
available to anyone, it is considered public domain. Personal
information gathered about any
business other then that mentioned above, is received in consent
from the Client such as: fax
numbers, postal codes, additional mailing/location address, etc..
The above listed Privacy
Statement, Terms and Disclaimer also apply to these.
