General Terms and Conditions
"linncoweb.net", "kansascomputersolutions.net", hereafter known as "Mr.
Thompson" does not use cookies. Your visits to these sites are your business.
Visitor IP Addresses are collected only for the purpose of counting 'unique'
visitors. Mr. Thompson does not attempt to gather any information from you that
you do not knowingly offer.
Agreements are exclusively between Mr. Thompson and the Customer. Mr. Thompson
is to provide the Customer with the services as stated on the written agreement,
invoice or electronic communication.
Mr. Thompson does not provide Internet access or browsers.
Payment Terms
Checks, money orders, or credit cards via PayPAL are accepted for payments due.
Payment is to be received on the date indicated on the customers invoice. If
payment is not received on the due date indicated on the invoice then all web
services will be interrupted. If payment is received within 10 days from the due
date indicated on the invoice service and the customer's site will be restored
and no further fees will apply for the contract period. However on the 11th day
after the due date indicated on the invoice the customers account will be
considered closed and will not be restored until any past due fees are received
plus fees for redesign, hosting and any other service related items that may
apply.
Invoices for contractual support services and maintenance will be issued in
advance of the support/service period. This is to include Web Page Design, and
Web Page Hosting and maintenance of the same.
Right of Refusal
Mr. Thompson may change credit or payment terms at anytime when in Mr.
Thompson’s opinion, customer’s financial condition, previous payment record or
the nature of the Customer’s relationship with Mr. Thompson so warrants. Mr.
Thompson may discontinue performance if Customer fails to pay any sum due, or
fails to perform under this or any other agreement with Mr. Thompson. Mr.
Thompson also reserves the right to refuse, suspend or terminate any of its
services to any user in his sole discretion, without notice.
General Account Terms
Unless otherwise noted and agreed upon in writing by Mr. Thompson, the Customer
shall use their account to represent only one organization or company. Customer
may not include material for or sub-lease space for any other individual,
business, or organization.
Mr. Thompson will provide the medium and administration necessary to provide a
full World Wide Web presence on the Internet for each client where applicable.
Mr. Thompson will provide a unique alias name (URL) for use by the Customer to
promote the Customer’s Web Page on literature and other Web Servers. The
Customer understands that although Mr. Thompson uses some of the best web
servers available, there is always down time for maintenance, upgrades and other
required events. Mr. Thompson does however guarantee uptime of 98%.
The Customer releases Mr. Thompson from any liability that may arise from any
interruption to the Customer’s business resulting from using his services. Mr.
Thompson is in no way responsible for the performance of any information posted
on the clients website and / or networks and servers belonging to, rented or
leased by Mr. Thompson for the purpose of hosting the clients website. In
addition, the Customer assumes full responsibility for all content posted to
their webpage, including any trademark, copyright, patent or other intellectual
property submitted to Mr. Thompson for creative services. Mr. Thompson
reserves the right to remove any material, which in Mr. Thompson’s opinion may
result in the violation of any intellectual property rights of others or any
other applicable Federal, State, Common, or International Laws or Regulations.
The following content is NOT allowed to be stored on networks and servers
belonging to, rented by or leased by Mr. Thompson:
Illegal Material – Includes copyrighted works, commercial audio, video, or music
files, and any material in violation of any Federal, State, Local or
International laws or regulations.
Adult Material – Includes all pornography, erotic images, or otherwise lewd or
obscene content. (The designation of "adult material" is left entirely to the
discretion of Mr. Thompson.)
Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password
cracking, IP spoofing, etc., and encrypting of any of the above. This also
includes any sites which provide "links to" or "how to" information about such
material.
Spamming and Email
Spamming – Spamming, whether or not it overloads the Services or disrupts
service to the hosting servers, is prohibited. The term "Spamming" includes, but
is not limited to, the sending of unsolicited bulk and/or commercial messages
over the Internet, maintaining an open SMTP policy, or sending to any mailing
list that is not double opt in. Mr. Thompson and / or the hosting companies
that are used to host his (Mr. Thompson's) clients websites require that all
email messages contain an automated opt out . We do not allow purchased lists.
All clients of Mr. Thompson's are required to follow all rules in the Can Spam
Act: (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as
our company spam rules. Mr. Thompson reserves the right to determine, in his
sole and absolute discretion, whether e-mail recipients were part of an opt-in
email list. Irrespective of whether an email campaign constitutes Spamming as
defined herein.
Domain Name and Site Design / Development Terms
Domain Registration fees are non-refundable. Web Page Design fees are
non-refundable. If a domain name transfer is requested by any existing or former
client it will be subject to a Domain Transfer Fee not to exceed the original or
existing yearly price of the clients account.
All web site designs developed by and implemented by Mr. Thompson will remain
the Intellectual Property of Mr. Thompson and domain names purchased by Mr.
Thompson will not be transferred to the Customer if at any time either Mr.
Thompson or the Customer cancel the Customers account, or the Customer violates
any credit terms or other terms associated with this agreement and or their
account.
Any Trademarked Material used on a clients website that is designed and
maintained by Mr. Thompson is used with the permission of the client and will
never be used by Mr. Thompson to cause confusion in the marketplace, or be used
commercially by Mr. Thompson in the same category of goods or services for
which the trademark applies. Mr. Thompson retains rights to display the name
and / or trademarked material representative to the clients business in
portfolio and advertising materials.
It is the sole responsibility of the client to use trademarked material
appropriately and Mr. Thompson will not be held responsible for any
misrepresentation of any said trademark even after the clients account has been
closed or terminated.
Logo Design Ownership/Copyrights
If Mr. Thompson designs a logo for the client then the ownership (copyright and
title) of the final artwork become the property of the Client, having unlimited,
indefinite, and royalty-free use of the image upon payment of all fees. Mr.
Thompson retains rights to display the artwork in portfolio and advertising
materials. All concepts, or other preliminary materials, which are not selected
by the Client or are not included into the final delivery, remain the full
property of Mr. Thompson.
Artwork Ownership/Copyrights
Any artwork, images, or text supplied by and / or designed by Mr. Thompson on
behalf of the customer and / or for use on the clients website, will remain the
property of Mr. Thompson.
The customer may request in writing from Mr. Thompson, the necessary permission
to use materials (for which Mr. Thompson holds the copyright) in forms other
than for which it was originally supplied and / or intended, and Mr. Thompson
may, at his discretion, grant this. Such permission must be obtained in writing
before he will allow any of the aforesaid artwork, images, text, or other data
to be used.
By supplying images, text, or any other data to Mr. Thompson, the customer
grants Mr. Thompson permission to use this material freely in the pursuit of
the design of the clients website or other material for which Mr. Thompson was
hired to create.
Should Mr. Thompson, or the customer supply an image, text, audio clip or any
other file for use in a website, multimedia presentation, print item,
exhibition, advertisement or any other medium believing it to be copyright and
royalty free, which subsequently emerges to have any copyright or royalty usage
limitations, the customer will agree to allow Mr. Thompson to remove and / or
replace the file on the site.
General
These Terms and Conditions supersede any previous Terms and Conditions
distributed in any form. Mr. Thompson reserves the right to change any rates
and any of the Terms and Conditions at any time and without prior notice. The
Customer’s use of Mr. Thompson’s Services constitutes customer acceptance of
all terms and any modified terms.