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Everest Custom Web Design
 
Custom Web Design
     
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Acceptance of Terms
By using EVEREST Services, including but not limited to submitting content to our design department, making a payment or authorizing a payment or sale, you (Client) agree to be bound by the most current version of the following terms and conditions. You also agree that your electronic acceptance of these TERMS OF SERVICE or your initial payment to Everest shall have the same force and effect as if you had agreed to these TERMS OF SERVICE in writing.

EVEREST’S TERMS OF SERVICE may be updated from time to time. You should regularly review the most current version of the TERMS OF SERVICE at http://www.everestwebdesign.com/terms-of-service.php. Failure to comply with the TERMS OF SERVICE may result in account termination.

Description of Service
EVEREST designs and hosts Websites and provides other Website-related services (the “Service”) including, but not limited to: support and modification of Websites, e-commerce, flash, Web traffic reporting, database development, easy interface for updating the Website, e-mail accounts and additional Website related services. You are responsible for any fees you incur by using the Service, including but not limited to ISP, merchant account and gateway fees. You are also responsible for all equipment and software necessary to access the Service.
Privacy Policy
The Privacy Policy governs EVEREST’S use of your personal information. For more information, see www.everestwebdesign.com/privacy.php. By using EVEREST’S Service you also agree to the most current version of our Privacy Policy.
Electronic Delivery Policy
EVEREST is a website-related business and transacts with its clients electronically. When you accept this TERMS OF SERVICE, you consent to receive electronically from EVEREST any notices, agreements, disclosures, or other communications (Notices) either: 1) to the e-mail address you provided to EVEREST at the time of sale or 2) to the new e-mail address account you set up through EVEREST. You agree to check your designated e-mail addresses regularly for Notices. Notice from EVEREST is effective when sent by EVEREST.

Unacceptable Practices
As we strive to offer the very best service, our clients are required to follow certain guidelines and policies. Violating these guidelines and policies is strictly forbidden and, at the sole discretion of Everest Web Solutions, may result in the immediate termination of service. Unacceptable practices include, but are not limited to:

  • Harmful, threatening, abusive, harassing, , defamatory, obscene, libelous, or otherwise objectionable content or language aimed at minors or adults.
  • Illegal activities, such as ponzi schemes, credit card fraud, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual property rights.
  • Intentional or unintentional violations of any applicable local, state, national or international law.
  • Adult or pornographic material (see Our interpretations below).
  • Bulk e-mailing.
  • Reselling e-mail accounts or hosting accounts to third parties.
  • Spamming and all other forms of unsolicited messages including, but not limited to: spam, pyramid schemes, chain letters, and junk e-mail.
  • Links to other sites that are in violation of Everest Web Solutions’ policies and guidelines.
  • Distribution of Internet viruses or other harmful or destructive activity.
  • Gambling, gaming, lotteries, and similar activities.
  • Other activities, whether lawful or unlawful, that EVEREST deems to be in poor taste or that reflect adversely on EVEREST or our other clients.

As an EVEREST client, you agree to conduct your business in a legal and professional manner. You understand that as a client, you are solely responsible for all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on your Website. You further agree to indemnify EVEREST from any liability caused by legal issues that arise as a result of your business practices. EVEREST retains the right to terminate any accounts that are in violation with the letter or spirit of these TERMS OF SERVICE.

As an EVEREST Client, you will have access to editing tools for your Website. You may edit, add or delete Content to your Website at any time. EVEREST has the right to pre-screen Content and may refuse or remove any Content at its sole discretion. You, as EVEREST’S client, agree to bear all risks associated with the use of all Content, whether edited or written by EVEREST or not.

You acknowledge that EVEREST may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such action is reasonably necessary to comply with legal processes, enforce the TERMS OF SERVICE, provide customer service or protect the rights, property, or safety of EVEREST and the public.

Intellectual Property Policy
EVEREST respects copyright laws and the intellectual property of others.

International Use
Recognizing the global nature of the Internet, you agree to comply with all laws regarding the transmission of technical data, acceptable content, and local rules governing information exported from the United States or the country in which you reside.

Interstate Communications
By using the Service, you cause communications to be sent through EVEREST’S computer networks. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of the Service results in interstate data transmissions.

Website Construction Procedure: With help and input from the Client, EVEREST will prepare appropriate custom design and text for the Website. Client must submit complete Content to the design department before site construction begins on the custom Website. Client must submit Content. EVEREST is not responsable for your content. EVEREST is not responsible for the grammar and structure of your content. Client may also submit Content directly to a designer through either e-mail or regular mail.
After Content is submitted by the Client, the site will move to the layout and design department. Once the layout and design are approved by the Client, the site will move to the text and html department. EVEREST will add the text and Content to the Website. The text may be reviewed by the EVEREST QC team before the site goes live to correct any possible errors, but EVEREST is not responsalbe for errors in the content. After the Client approves the text and Content added to the Website, the Website will go live.
EVEREST will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the Website. Client will be notified by e-mail that the Website is now live. Once the Website is live, Client should contact the EVEREST Technical Support Department support@everestwebdesign.com for any and all future changes or questions. Client understands that the Website may be taken live “as-is” or “under construction” if we do not receive Client’s response to missing information requests or requests to approve completed Website within two weeks.

EVEREST does not guarantee a time frame for completion of the custom Website as Content may continue to be submitted by Client throughout the design process. EVEREST cannot start and complete the design of the custom Website until complete Content is submitted. If Client continues to submit additional Content and/or changes and/or revisions beyond the original quoted and agreed amount and timeframe, this increases the design time frame. If Client does not submit complete Content and EVEREST is unable to start or complete the custom Website design, the Client is still responsible for all fees incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin accruing from date of sale.

Client is provided with a space holder immediately after sale. Client is also provided with an optional Welcome Website shortly after the initial sale. The Welcome Website is a temporary Website that Client can modify and send customers to while the custom Website is being built. Client must specify upfront to have a Welcome Website created.

Website Change Requests During Design Process: EVEREST agrees to build a Website or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale prior to the custom Website going live will be billed at EVEREST’S standard hourly rate. EVEREST is not obligated to complete Client requests or changes outside of the scope of work or the original invoice quote. If EVEREST does not agree to Client requests or changes, Client is still obligated to pay all fees incurred. If Client requests changes to a pre-packaged database, store or previously built database, these fees will be billed based on an hourly rate. There is no guarantee that changes made by EVEREST to a previously built database or store module will work.  All fees invoiced and/or paid for Client-requested changes are non-refundable.

E-mail Accounts: Based on the hosting support package purchased, e-mail accounts may also be provided. E-mail accounts may be set up and used immediately upon purchase of your Website. Client does not need to wait until the custom Website is live to use e-mail accounts. To begin using e-mail accounts, Client should contact Technical Support at support@everestwebdesign.com.

Use and Storage: You acknowledge that EVEREST may establish general guidelines and limits concerning use of the Service and may modify these guidelines at any time. Limits may include but are not limited to, the maximum number of days that e-mail messages or other Content will be retained, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of any e-mail messages sent, and the maximum disk space that will be allotted on EVEREST servers on your behalf. EVEREST periodically backs up the Websites we host. However, Client acknowledges that EVEREST is not responsible for backing up Client’s Website and/or data and that Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by EVEREST may be lost if data loss occurs after a scheduled backup by EVEREST.

Hosting Support Policy: Based on your hosting package, EVEREST may provide 2 to 4 hours annually of free updates and changes or “design hours” that are available to you to use after your Website is live. After your Website is live, you may wish to make updates to your Website from time to time. Updates can be made by client by editing the HTML and coding for the website (although it is not recommended). Client may use available EVEREST update design hours (depending on hosting package). These updates must be requested through our Technical Support Department at updates@everestwebdesign.com. The design hours can be used for modifying the content or layout of your Website. EVEREST is not responsible for any changes Client makes to Website, or if client causes the Website to crash. Time required by EVEREST to repair changes made by Client will be billed to client if such time  exceeds available update or “design hours.” Client agrees to pay any fees that acrue from exceded free design hours.


Domain Names Purchased/Hosting Agreement: Domain names purchased by EVEREST and site designs created by EVEREST are the property of EVEREST. After one full year of paid hosting, ownership of the site and domain name will be  transferred to the Client. Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting service.

EVEREST makes no representations as to the marketing of Client’s products, services or sales. Client’s obligations to pay fees due to EVEREST are due at time of sale of Website design and hosting services and are not contingent upon Client’s marketing of said Website.

Billing Policy: The initial Set-up Fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the Set-up Fee only if agreed to in writing per the original invoice.) Monthly hosting is incurred and billed every month beginning 30 days from the date of the original sale. Monthly hosting may be billed on the 1st or 15th or 30th of each month to coincide with EVEREST billing cycles. The amount of the initial Set-up Fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package select by Client.

Client requests for enhancements to the original site will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.

EVEREST reserves the right to change prices at any time including monthly hosting amounts and hourly design fees.

EVEREST charges a $25.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If you wish to dispute a charge, you must first contact our billing department and allow 14 business days for a response. To avoid any dispute about your attempt to contact us, please send your request in writing to the following address. Requests may be e-mailed to billing@everestwebdesign.com. If you choose to send your request by e-mail, you must also send a copy of your request by mail to the address below as confirmation of your request.

Attn: Billing, Everest Web Solutions LLC, PO Box 965, Spanish Fork, UT 84660.

Termination: EVEREST, at its sole discretion and with or without notice, may terminate service to Client in whole or in part and/or delete or de-activate Client’s account, which may involve removing and discarding any Content, for any reason including lack of use, or if EVEREST believes the Client has violated the TERMS OF SERVICE. EVEREST shall not be liable to Client or any third-party for termination of Services. Paid accounts that are terminated will not be refunded.

EVEREST also reserves the right to discontinue designing  the Client’s Website at any time, at EVEREST’S sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by EVEREST.

Additionally, accounts that become 30 days delinquent will be terminated. The Client may terminate hosting services with 30 days written notice after one full year of paid hosting. Billing of monthly hosting amounts will be terminated and the Website will be removed. The client will still be responsible to pay previously billed set-up and hosting fees incurred. Requests may be e-mailed to billing@everestwebdesign.com. If you choose to send your request by e-mail, you must also send a copy of your request by mail (to the address below) as confirmation of your request:

Attention: Billing, Everest Web Solutions, LLC, PO Box 965, Spanish Fork, UT 84660.

The Client is responsible for all fees owed from the time of sale until the time Client notifies EVEREST of a request for termination. In any case, the Client will be responsible for at least one year of hosting fees. Transferring a domain name to another provider or non-use of a client’s hosting account does not constitute termination of the account. Client must notify EVEREST in writing or via e-mail to terminate the account and to avoid further monthly hosting charges. It is the Client’s responsibility to secure confirmation from EVEREST that the request for termination has been received and no further hosting fees will be billed.

EVEREST Proprietary Rights
Client acknowledges and agrees that EVEREST’S Service may contain proprietary and confidential information that is protected by intellectual and proprietary laws. Client agrees to not to reproduce, duplicate, copy, sell, resell or exploit any portion of use or access to EVEREST’S Service.
Use of Client Information
Client hereby agrees that any information or ideas submitted to EVEREST by any means may be used by EVEREST without compensation or liability to you for any purpose whatsoever, including but not limited to: developing Websites, databases, or ecommerce and developing, manufacturing and marketing other products. This provision does not apply to Client Content or to personal information that is subject to our privacy policy.

Client hereby gives permission to EVEREST to use samples or links to Client’s custom Website designed by EVEREST for marketing and advertising purposes, including but not limited to use in our online client portfolio.

Third Party Services
From time to time, third parties may offer services to EVEREST Clients. Use of such third party services will be at your own risk and subject to the terms and conditions of those third parties. EVEREST does not represent nor warrant that use or access to any third party services will be compatible, uninterrupted, error free, or without defects as you access EVEREST’S Service. You also agree that EVEREST is under no obligation to provide you with any enhancements, updates, or fixes to make EVEREST’S Service accessible through any third party applications.

Disclaimer of Warranties
YOUR USE OF EVEREST’S SERVICE IS AT YOUR OWN RISK. EVEREST’S SERVICE IS PROVIDED “AS IS”. EVEREST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EVEREST DOES NOT GUARANTEE THAT ITS PRODUCTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. EVEREST DOES NOT GUARANTEE ANY DEGREE OF SALES AND WEB TRAFFIC. EVEREST DOES NOT GUARANTEE THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH EVEREST’S SERVICE, AND IS NOT RESPONSIBLE FOR SERVICES PROVIDED BY COMPANIES WITH LINKSTO EVEREST’S WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EVEREST’S SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FORM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THAT IS THE CASE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT EVEREST, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF EVEREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to defend, indemnify and hold harmless EVEREST, its directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees that may arise or result from any Content you submit, post, transmit or make available through EVEREST’S Service.  You also agree to indemnify EVEREST  from any product sold by you, your  agents or employees or assigns, from any Service provided or performed or agreed to be performed by EVEREST or from your violation of the TERMS OF SERVICE or your violation of any rights of another.

Notice: Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by e-mail, facsimile or certified mail, return receipt requested, to the address set forth below. If you choose to send your request by e-mail or facsimile, you must also send a copy of your request by mail (to the address below) as confirmation of your request.
Everest Web Solutions
PO Box 965
Spanish Fork UT 84660
Attention: General Manager
Severability: In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.

Jurisdiction: The TERMS OF SERVICE agreement shall be governed by the laws of the State of Utah. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the State of Utah, County of Utah. Client agrees to binding arbitration if requested by EVEREST.

Governance: EVEREST may investigate any reported violations of this agreement, its policies, or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

General Information: This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TERMS OF SERVICE). Any modifications to this agreement by you must be in writing and signed by an authorized officer of EVEREST. All representations not in writing are null and void. Written agreements may include, but are not limited to e-mails and electronic acceptance of this Terms of Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS OF SERVICE must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 info@everestwebdesign.com

 

 

Intellectual Property Policy

It is EVEREST WEB SOLUTION’S policy to respond to notices of alleged infringement with intellectual property laws and the Digital Millennium Copyright Act.

EVEREST WEB SOLUTION’S response may include removing or disabling access to material claimed to be the subject of infringement and/or terminating a Client’s account including but not limited to termination of a Client’s Website.

If we remove or disable access in response to such a notice, we will attempt to contact the owner of the Website or Content so they may respond.

Please note that under the Act, you will be liable for damages (including attorney’s fees) if you misrepresent a copyright infringement. If you are not sure whether material available online infringes on your copyright, we suggest you obtain legal counsel.


Notification of Infringement
If you believe your work has been copied in a way that violates your intellectual property rights please provide EVEREST WEB SOLUTION’S Copyright Agent with the following information:

  1. The copyrighted work or other intellectual property that you claim has been infringed. (Include specific URL’s or other identifying information)
  2. Your contact information including, name, address, telephone number and e-mail address. E-mail address is preferred.
  3. A statement that you “have a good faith belief that use of the copyrighted material described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  4. A statement that “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Sign and send to:

Everest Web Solutions, LLC
Attention: Copyright Agent
PO Box 965
Spanish Fork, UT  84660
By e-mail: copyright@everestwebdesign.com

Counter Notification
The Client or administrator of an effected website may make a counter notification pursuant to the Digital Millennium Copyright Act. Upon receipt of your counter notice, we may reinstate the material in question.

Please note that under the Act you will be liable for damages (including attorney’s fees) if you incorrectly represent that a product or activity does not infringe on copyright rights of others. If you are not sure whether material available online infringes on the copyright of others, we suggest you obtain legal counsel.

To provide a counter notification, please provide EVEREST WEB SOLUTION’S Copyright Agent with the following information:

  1. An identification of the copyrighted work that EVEREST has removed or disabled access. (Include specific URLs or other identifying information.)
  2. Your contact information including, name, address, telephone number and e-mail address. E-mail address is preferred.
  3. A statement that you “have a good faith belief that use of the copyrighted material described above as allegedly infringing was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material described above has been removed or disabled at the URL identified and will no longer be shown.”

Sign and send to:

Everest Web Solutions, LLC
Attention: Copyright Agent
PO Box 965
Spanish Fork, UT  84660
E-mail: copyright@everestwebdesign.com

Account Termination
EVEREST may terminate the account of repeat infringers. If you believe that an account holder is a repeat infringer, please notify EVEREST WEB SOLUTION’S Copyright Agent with the appropriate information for us to verify that the account holder is a repeat infringer.
 
     
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