Terms and Conditions | Los Angeles Website Design | Weston Graphics

Terms and Conditions of Service

1) Weston Graphics, Inc. reserves the right to refuse service, suspend services, or cancel existing accounts for any reason at any time. In the event of an account cancellation by Weston Graphics, Inc. or the customer, after any initial billing period has elapsed, Weston Graphics, Inc. will not issue a refund.

2) Weston Graphics, Inc. reserves the right to change fees at any time.

3) Weston Graphics, Inc. is not responsible for lost revenue, traffic, or data caused by server down time or failure, domain name transfers, or any other error – mechanical or human.

4) Customers of Weston Graphics, Inc. are forbidden from partaking in an “abusive practice.” The following is a list of current abusive practices. Weston Graphics, Inc. reserves the right to add to or modify this list at any time.

• Sending unsolicited commercial e-mail with your account. Also, a violation is incurred if any unsolicited email is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message.

• Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder.

• Upload, posting or reproducing in any way materials that are of adult content in nature.

• Uploading or creating any exploitable or aggressive materials on our shared web hosting platform is strictly prohibited. Any tools we locate that may be used to exploit the operating system, or any operating system, will result in immediate account termination. This includes eggdrop bots, buffer overflow programs, devices to attack or harass other internet users, and many other items. Weston Graphics, Inc., reserves the complete discretion to determine what materials fall under these headings. Participating in an abusive practice will lead to an immediate account termination without prior notice or refund of any pre-payment.

5) Customers of Weston Graphics, Inc. are to use our email services as a means of transport between themselves and their recipients. Our shared email servers are not storage servers. We are not responsible for any loss of emails if you abuse this policy as we reserve the right to purge an Inbox if that email account is using more than 5 MB of space. This policy is in effect because of the sheer risk of what email can do to a shared server. The memory/CPU overload & lack of resources it can cause can lead to putting a couple hundred sites out of business.

6) Customers of Weston Graphics, Inc. are bound to all system policies not specifically listed within this agreement Violation of any of these system policies will result in an immediate account cancellation without refund or access to hosted files.

7) This agreement is not assignable or transferable without the express written consent of Weston Graphics, Inc.

8) Weston Graphics, Inc.’s hosting services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The client specifically agrees to indemnify and hold harmless Weston Graphics, Inc. from any claim resulting from a breach of these terms, and/or the use of the service which damages another.

9) Charge backs. Submitting any legitimate hosting fees to your credit card company for chargeback’s will result in a $100 penalty per disputed charge, submission of any outstanding balances to collections or other appropriate legal action, and the immediate termination of your hosting services.

10) Payment Policy. Weston Graphics, Inc. bills on a monthly, quarterly, or yearly basis on the 1st of the month for the appropriate period OR on the anniversary of the sign up of the account. We DO NOT advance bill services, thus to avoid a lapse in service, payment is due no later then the 15th of the invoice month. All cancellations must be made in writing to our office 30 days in advance of requested cancellation date. There will be a $25 reconnection fee to reestablish service once a site is suspended. Payments can be made online at anytime. In addition, Weston Graphics, Inc. reserves the right to suspend hosting for any client that is past due on any balance of Weston Graphics, Inc., including, but not limited to: Website Development, Website Design, Website Programming, Printing and Graphic Design. There will be a $25 reconnection fee to reestablish service once a site is suspended.

10a) Monthly service fees payment options. Weston Graphics, Inc. offers two (2) payment options for several of our inclusive website programs. If applicable to your purchase, please note the following terms for these programs and the minimum commitment.

Custom Website Framework and eCommerce Programs:

The following programs are included, but not limited to, the website framework and eCommerce Programs:

https://www.westongraphicsinternet.com/billing/cart.php?gid=6

https://www.westongraphicsinternet.com/billing/cart.php?gid=9

https://www.westongraphicsinternet.com/billing/cart.php?gid=13

Please note the term commitment and conditions for each option below:

Option 1 – Set up Fee with Monthly Payment: This program is month to month with no minimum commitment

Pursuant to item ten (10) above, custom website framework programs require a thirty (30) day cancellation. All cancellations must be made in writing to our office 30 days in advance of requested cancellation date.
Option 1 programs, cancelled with 30 day notice, paid in full and in good standing will be terminated at the end of the paid term. Upon termination, Weston Graphics will turn over website text content and images in a format that can be imported into another site. Weston Graphics will retain all licensed items included but not limited to, website theme framework, licensed plugins, and licensed training materials. Themes, theme framework, and licensed plugins of Weston Graphics, Inc. will remain the property of Weston Graphics, Inc. The client will receive a zip file containing content folders, and database dump less the above noted licensed items.

Option 2 – NO Set up fee with a Monthly Payment: This program will have a 12 month commitment – any balance owed at time of cancellation will be charged to client to fulfill the year term.

Pursuant to item ten (10) above, custom website framework programs require a thirty (30) day cancellation AFTER the 12 month commitment term is fulfilled. All cancellations must be made in writing to our office 30 days in advance of requested cancellation date.
Option 2 programs, cancelled with 30 day notice AFTER the 12 month initial commitment paid in full and in good standing will be terminated at the end of the paid term. Upon termination, Weston Graphics will turn over website text content and images in a format that can be imported into another site. Weston Graphics will retain all licensed items included but not limited to, website theme framework, licensed plugins, and licensed training materials. Themes, theme framework, and licensed plugins of Weston Graphics, Inc. will remain the property of Weston Graphics, Inc. The client will receive a zip file containing content folders, and database dump less the above noted licensed items.

11) This agreement shall be governed by the Laws of the State of California. Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in the California District Court for Los Angeles County. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the states and rules of civil procedures of California shall be sufficient.

12) This agreement constitutes the entire agreement between the parties hereto. Weston Graphics, Inc. reserves the right to change this agreement at any time for any reason. Client will be notified via email of such changes.