Policies Agreement

To offer you the best service possible, all customers need to follow the same rules and guidelines.  These policies are intended to make services available to all our customers as consistently and efficiently as possible. Where the context admits: "We" includes Navona Designs, navonadesigns.com or any party acting on Navona Designs' implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement. By using our services you agree to be bound by our terms and conditions below:

User-Supplied Content
By performing any transactions on this web site you agree to these terms and conditions. All services may be used for lawful purposes only.  You may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others.  You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content.  In addition you must not submit, publish or display any content that violates any US Federal, State, or Local law.  You are solely responsible for the content you make accessible.  You may not use the service to assist any other person or entity to violate Federal, State, or Local laws, ordinances or regulations.We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

You acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, we have the right to edit, remove, or deny access to such content.  We may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.

Below are some examples of non-acceptable content or links:

  • Child Pornography
  • Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators, illegal MP3 content (i.e. you may only upload MP3's if you own the copyright)
  • Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability.
  • Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes willful harm to Internet sites or providers.

Network Security
Customers may not use the servers to circumvent user authentication or security of any host, network, or account.  This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.  Customers may not attempt to interfere or deny service to any user, host, or network.  We will cooperate fully with the investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.  Users who violate system or network security may incur criminal or civil liability. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law. We have the right to charge a $150 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us. We take abuse extremely seriously and we will always punish abusers to the fullest extent in EVERY case without exception.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

CGI Scripts
Any CGI scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice.  CGI script sharing with domains not hosted on our servers is not allowed.

Server Resources
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of upgrading their service level or reducing the resource used to an acceptable level.

Background Running Programs
Background daemons in general are prohibited.  We will consider requests on a per-application basis.  If allowed, extra charges will be accessed based on resource requirements for system maintenance.

IRC
IRC or IRC Bots are prohibited.

Commercial Advertising/Mass Mailings
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs.  Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.  We consider SPAM to be any unsolicited commercial email (UCE) or unsolicited bulk email (UBE) in the mediums of Newsgroups, Email, and Fax.

This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Network, equipment or any email address or domain hosted on our server.  A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message.  For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, we reserve the right to disable your domain.  We reserve the right to refuse or cancel service to known spammers.   We reserve the right to determine what violates this policy.  As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through our services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information.  Except when expressly permitted by the owner of such rights, with respect to any material, which you access or receive through our Network.  If you use a domain name in connection with our Service or similiar service, you must not use that domain name in violation of any trademark, service mark, or similiar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
We reserve the right at our sole discretion to refuse or cancel service.  Violation of any Rules and Regulations could result in a warning, suspension, or possible account termination.  Accounts terminated due to policy violations will not be refunded.

Indemnification
Customer agrees that it will protect, indemnify, save and hold harmless hosting provider, employees, and network from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees accessed against us, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns.  Customer agrees to defend, indemnify and hold hosting provider, employees and network harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in association with our Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from our Services.

Disclaimer
We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately. Uptime guarantees do not include downtime required to upgrade/service hardware.

Hosting provider, employees, and network will not be responsible for any damages your business may suffer.  We make no warranties of any kind, expressed or implied for services we provide.  This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the hosting provider network or employees.  We reserve the right to amend or update these policies without notice.

If services have been used and the customer requests their bank to recall the payments made (sometimes called a chargeback) then legal action will be taken against the customer to recover such payments in all circumstances. All actions of fraud are automatically reported to the police.

Customers who provide Internet services to others will fully comply with all applicable laws concerning the Privacy of On-Line Communications.  A Customer's failure to comply with those laws will violate this policy.  We emphasize that in accepting services, customers indemnify hosting provider, employees, and network for the violation of any law or policy that results in loss to us or the bringing of any claim against us.  This means that if we are sued because customer is in violation of a law, the customer that is in violation will pay any damages awarded against us, plus costs of attorneys fees.

Domain Name Services
No refunds will be given on submission services. If you choose to register your domain through us we currently register .com, .net, .org., info, .biz, .cc, .tv, .us  We can host any domain name and will activate the web space and give you our DNS entries.  The domain will be accessible as both www.yourdomain.com and yourdomain.com.  The charge will be $12.00/year which will pay for the registration for one year, .info, .biz, .us are $15 per year to register, .tv, .cc are $35 per year.  The registration fee is Non-Refundable.

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

Web Site Design Services
Navona Designs requires half of the fee quoted before work begins, and the rest upon completion. We will host your site for free until completion of site work. Once work has started on the design we will only refund a percentage for work uncompleted if a refund if requested.

Search Engine Submissions
Search engines: Because each search engine updates at different times we cannot guarantee how long it will take for your website to be included in any given website. However, 1 to 3 months is the average timescale. If a customer is receiving too much traffic to their website we can only stop submitting the website and we have no powers to remove a website from any search engine. Yahoo! now charges a fee for business websites and therefore we can not guarantee a listing in Yahoo!; however, over 80% of our business customers do get listed within 6 months for free. Customers websites must be hosted on a reliable server with minimal downtime for maximum results. Adult websites may be submitted via our services; however, the customer must make us aware that it is an adult website on our online ordering form.
Link directories: If a customer is receiving too much traffic to their website we can only stop submitting the link directores and we have no powers to remove a website from any directory.

Payment & Termination of Service
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. We require payment by credit card through our shopping cart to process your credit card, or through PayPal, check, or money order by the 20th prior to the next month it applies to on month to month accounts due to banks' processing time, and full payment at signup for 6 month and 1 year accounts.  If we have not received payment we will try to notify the customer through all means possible to insure payment will be received and to continue service.  If payment is not received within a reasonable amount of time we reserve the right to suspend or terminate the account until proper payment is received or customer terminates the account. Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you. Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees. We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.

You can cancel your hosting anytime.  Your account will remain active until the end of the month you have paid for, and we will refund any unused amount for the remaining months minus 20% administrative fee. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.  Please send a written notice stating termination of service and on what date with your signature to: Navona Designs, PO Box 163511, Sacramento, CA 95816.

Security and Privacy Statement
Our order forms use industry standard Secure Socket Layer (SSL) encryption of 128 bit.  As a result of the SSL-based encryption your private information is ALWAYS secure during transmission.  A visual means of confirming this is the small lock or key icon in your browser.  While on any page where private and financial information is to be entered this icon will change to a locked state denoting a secure page.

Private Information Policy
Our privacy guarantee specifically states that we will not share, barter, sell, or trade your confidential information with anyone, under any circumstances (except in the case of legal proceedings).

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