Graphix Web Design (“The Company”) owned and operated by Digital Backups agrees to furnish services to the subscriber, subject to the following TOS (Terms of Service).

Use of Graphix Web Design Service constitutes acceptance and agreement to Graphix Web Design AUP (Acceptable Use Policy) as well as Graphix Web Design TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Graphix Web Design and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the company. Subscriber understands that change to the AUP by the company shall not be grounds for early contract termination or non-payment.

The agreement shall be construed in all respects in accordance with the laws of the country of United States applicable to all contracts enforceable in that country. Venue will be Wheaton, Illinois USA.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, etcetera to any law enforcement agent who makes a written request corresponding to a subpoena or other court order without further consent or notification to the Subscriber. In addition Graphix Web Design
 shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. Subscriber is aware that Graphix Web Design
 may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependant upon receipt by the company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service, else on the anniversary date of the year for that year’s service if Subscriber has opted for annual payment.

4. Payments and Fees: Payments via any method which are declined for any reason are subject to a $25.00 NSF fee. Payments via check which are declined are subject to the $25.00 NSF fee PLUS any bank charges which Company incurs. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $15 late fee which is payable before service will be restored. Accounts that are not collectable by Graphix Web Design
 may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Graphix Web Design a “Processing and Collection” fee of not less than $75. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refunds and Disputes: All payments to Graphix Web Design
 are non-refundable after 30 days and Cost of Domain Name Purchase are non-refundable at any time. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your bank or credit card issuer that, in 100 Dollar Site’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Graphix Web Design an “Administrative Fee” of not less than $75 and not more than $200.

6. Failure to Pay: Graphix Web Design may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:

Graphix Web Design

ATTN: Cancellations
Digital Backups Group
1030 College Ave. Suite 3
Wheaton, Illinois 60187

Or you may call or fax the cancellation request to (866) 270-1775.

Once you submit your cancellation notice, we will contact you either by the telephone number or email address you have on record to confirm the cancellation. You must then verify the cancellation within 48 hours.

You must have all account information to cancel.

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption are difficult to ascertain. Therefore, Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Graphix Web Design. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, injury, or loss.

9. New Domain Accounts: All new web hosting accounts involving new domains will be setup and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered manually by Graphix Web Design on behalf of the account holder a handling fee will be incurred. Each Domain name will have its own domain account, the only exceptions are Alias domain names which have the same starting point as the main domain name.

10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Graphix Web Design will require a minimum of seven (7) days to be setup and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Graphix Web Design on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

11. Support Boundaries: Graphix Web Design provides technical support to our subscribers (except for a few holidays and short company meetings when we are unavailable). We limit our technical support to our area of expertise. We will provide support with all account, server and service problems free of charge. We will only offer support for specific HTML, CGI, PHP or other such issue if Subscriber agrees to pay additional fees which will be agreed upon by both parties as and when the need arises. Graphix Web Design does not provide support for YOUR customers. If you can email, we encourage you to email support@graphixwebdesign.com  for assistance. If the matter is urgent, you may also contact us via live support whereby our sales team will forward you to one of our support staff. Lastly, we encourage you to check the FAQ section and any help files available for the service you are having problems with before contacting support.

12. SPAM and Unsolicited Commercial Email (UCE): Graphix Web Design takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Graphix Web Design may not use or permit others to use our network to transact in UCE. Customers of Graphix Web Design
 may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

a. Violation of Graphix Web Design SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Graphix Web Design will initiate an immediate investigation (within 48 hours of notification). During the investigation, Graphix Web Design may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Graphix Web Design
 may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Graphix Web Design
 reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Graphix Web Design will notify law enforcement officials if the violation is believed to be a criminal offence,

b. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $200 per hour that Graphix Web Design
 personnel must spend to investigate the matter. PLEASE, DO NOT SPAM.

13. Network:

a. Bandwidth and Disk usage: Customer agrees that bandwidth and disk usage shall not exceed the limit per month for the services ordered by the customer on the Order Form (The “Agreed Usage”). Graphix Web Design
 will monitor customer’s bandwidth and disk usage. Graphix Web Design shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such correction may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Graphix Web Design sole and absolute discretion. If Graphix Web Design takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

b. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Graphix Web Design Network. Violations of system or network security may result in civil or criminal liability. Graphix Web Design will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved with such violations. These violations include, without limitation:

I. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

II. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

III. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

IV. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

V. Taking any action in order to obtain services to which such user is not entitled.

14. Notification of Violation:

a. Graphix Web Design
 is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police internet-related activities.

b. First violation: Any user, which Graphix Web Design determines to have violated any element of the AUP shall receive an email warning them of the violation. The service may be subject at Graphix Web Design discretion to a temporary suspension pending a user’s agreement in writing to refrain from any further violations.

c. Second violation: Users that Graphix Web Design determines to have committed a second violation of any element of the AUP shall be subject to immediate suspension or termination of service without further notice.

d. We reserve the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending party is causing great harm to parties on the internet. In particular, if open relays are on your network or a customers’ network, or denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

15. Suspension of Service or Cancellation: Graphix Web Design reserves the right to suspend network access to any customer if in the judgment of the Graphix Web Design network administrators the customer’s server is the source or the target of the violation of any of the other terms of the AUP or for any reason which Graphix Web Design chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

16. Graphix Web Design reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Graphix Web Design must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the manner described on these terms and conditions. Therefore, it is in your interest to implement a similar or stricter terms and conditions or otherwise called Acceptable Terms of use Policy.

17. Indemnification: Graphix Web Design wishes to emphasize that in agreeing to the Graphix Web Design
 Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Graphix Web Design for any violation of the AUP and TOS that results in loss to Graphix Web Design or the bringing of any claim against Graphix Web Design by any third-party. This means that if Graphix Web Design is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Graphix Web Design plus all costs and attorneys fees.

18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email, fax, and telephone contacts are used, in that order of preference.

a. A waiver by the Graphix Web Design of any breach or provision of this agreement by subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Graphix Web Design. We may assign Agreement at anytime without consent from or notice to subscriber. Graphix Web Design
 reserves right to cancel customers rights under this contract at anytime without further obligation.

c. Graphix Web Design takes no responsibility for any material input by others and not posted to the Graphix Web Design network by Graphix Web Design. Graphix Web Design  is not responsible for the content of any other websites linked to the Graphix Web Design network; links are provided as internet navigation tools only. Graphix Web Design disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

d. Graphix Web Design is not responsible for any damages your business may suffer. Graphix Web Design does not make implied or written warranties for any of our services. Graphix Web Design denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Graphix Web Design.

e. It is absolutely forbidden to host pornographic content or servers on hosting accounts without prior written consent. Any accounts found in violation of this will be subject to immediate cancellation without refund or compensation.

19. Responsibility for Content: You as Graphix Web Design customer are solely responsible for the content stored on and served by your Graphix Web Design server/hosting account.

20. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.