Terms And Conditions
- Terms And Conditions
- Terms and Conditions
- PLEASE READ THIS AGREEMENT CAREFULLY.
- 2. Services
- 3. Web Hosting
- Website Design
- 4. Website Builder
- 5. Email
- 6. Definition of Unlimited Usage What “Unlimited” means:
- 7. Domain Name Registration
- 8. Service Fees / Payments / InvoicesAll
- 9. Definition of “No Transaction Fees
- 10. Termination / Plan Change / Refund Policy
- 11. Subscriber Responsibility
- 12. Prohibited Conduct
- 13. Notices
- 14. Privacy
- 15. Reservation of Rights
- 16. Limitation of Liability
- 17. Indemnification
- 18. Force Majeure
- 19. Unenforceable Provisions
- 20. Governing Law
- 19. Unenforceable Provisions
- 22. Waiver
- 23. Entire Agreement
Terms and Conditions
These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by https://deerstonedevelopment.com. https://deerstoneseo.com, (“Deerstone Development”, “we” or “Deerstone SEO”).
These Terms and Conditions represent the whole agreement and understanding between https://deerstonedevelopment.com and the individual or entity who subscribes to our service (“Subscriber” or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY.
By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement.
Deerstone Development may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that https://deerstonedevelopment.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Deerstone Development may, in its sole discretion, change or modify this Agreement at any time, with or without notice.
Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://https://deerstonedevelopment.com/terms-and-conditions/.
You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Deerstone Development offers subscribers domain name registration, website hosting, email hosting, web development/design, search engine optimization (SEO), on-page SEO, off-page SEO, email marketing, advertising, ppc campaign management, social media marketing and strategic consulting services.
Services are provided on the basis of facility and equipment availability.
https://deerstonedevelopment.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Access to the web and email servers is terminated upon expiry of the Service.
To get more details regarding your account please email us at firstname.lastname@example.org
3. Web Hosting
All https://deerstonedevelopment.com web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Subscriber has recently set up their account with https://deerstonedevelopment.com. The “Coming Soon” default index web page may be removed by the Subscriber at any time once they have access to the webserver. The “Coming Soon” web page may include, but without limitation to, the following:
Links to additional products and services offered by https://deerstonedevelopment.com.
Advertisements for products and services offered by third-parties.
An internet search engine interface. All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default https://deerstonedevelopment.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
Links to additional products and services offered by https://deerstonedevelopment.com.
Advertisements for products and services offered by third-parties.
An internet search engine interface. At its sole discretion, https://deerstonedevelopment.com may place advertisements or other commercial content on your website, emails or anywhere it deems fit. Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through your account control panel.
In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.
If your hosting plan includes a free domain name, you will be required to pay a fee to reimburse https://deerstonedevelopment.com for the domain name registration upon changing to another hosting plan or a billing term that does not include a free domain name. The amount of this fee will vary depending on the domain extension and on the registration term.
All https://deerstonedevelopment.com web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month. All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. https://deerstonedevelopment.com is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term.
All hosting services will renew at the regular renewal rate.In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the 16th of the expiry month.
Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount.
The outstanding balance on your website is due after the design, navigation and pages have been approved and built.
Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live.
It also ensures that Deerstone Development gets paid for performing their duty under the proposal, despite tardy content from the client.
After payment, Deerstone Development will still post outstanding content for 3 months. In the event an “under construction” page is posted due to missing content,
Deerstone Development will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date.
After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Deerstone Development may elect at its sole discretion to offer a partial refund depending upon the circumstances.
Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.
Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as hosting.deerstonedevelopment.com, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased.
If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise.
Domain name registration fees are not refundable.
Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do.
Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Deerstone Development to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Deerstone Development fifteen (15) days before the renewal date that you do not wish to renew the account.
Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Deerstone Development will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25.
Accounts that are terminated by Deerstone Development for abuse or violations of internet standards or these terms and conditions will not receive any refund.
All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 30 business days from your cancellation date.
Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Deerstone Development . The cost for this service $50.
Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
Sites NOT Hosted by Deerstone Development: Should client decide to host their site on another server, Deerstone Development cannot guarantee the all elements of the site will work. Deerstone Development will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Deerstone Development believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate.
If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon reciept. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $2% compounding interest fee reposting fee added to the outstanding maintenance invoice balance.
Homepage Design – Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
Navigation – Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
Content – Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal. Text content – Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge.
Subsequent revisions will be billable at our regular hourly rate.
Copy development – Should client wish Deerstone Development to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Deerstone Development Web Development interviewing the client about the topic areas to be addressed on their web pages. Deerstone Development then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
Graphical content – Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
Database Implementation – Entry of data for database applications is considered client’s responsibility. Entry of data by Deerstone Development is billable, unless otherwise provided for in customer’s contract.
Email – We offer domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by Deerstone Development, we take no responsibility for setting up and troubleshooting email problems.
Training – For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.
Technical Support – We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Deerstone Development is not the source of the problem, technical support may be billable.
Training and Tutorials
Because customer service is in integral part of our business strategy, all of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
Domain Transfers and DNS Management
For domains not originally registered with Deerstone Development, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with Deerstone Development, DNS management and troubleshooting tasks are billable at our hourly rate.
Websites with Proprietary Source Code. Should client contract with Deerstone Development to write custom code for a website application, this code is not transferable to a new developer or host.Custom written source code is considered the property of Deerstone Development Web Development and cannot be shared with other developers. Clients are granted a license to use custom software code while on Deerstone Development servers only. Deerstone Development Web Development retains ownership of the code. In some cases, Deerstone Development will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client. Access to or transfer of proprietary source code could result in a security risk to Deerstone Development and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods.
If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.
Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.
Deerstone Development Web Development maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (email@example.com, firstname.lastname@example.org, etc), your home or office internet connections, or any other non-domain-based issues outside Deerstone Development Web Development’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.
4. Website Builder
Deerstone Development provides Subscribers with a non-exclusive, non-transferable, limited license to use the Website Builder.
The Website Builder is developed and owned by Deerstone Development, and any reproduction, modification, creation of derivative works from or redistribution of the Website Builder is expressly prohibited.
The Website Builder, its structure, sequence, organization and source code are considered trade secrets of https://deerstonedevelopment.com and are protected by trade secret laws.
Deerstone Development does not claim ownership and is not responsible for any of the information, code, data, text, software, music, sounds, photographs, pictures, graphics, videos, messages, files or other materials (“User Content”) submitted using the Website Builder.
Subscriber is entirely responsible for all User Content uploaded, posted, emailed or otherwise transmitted via the Website Builder.
You further acknowledge and agree that all User Content is non-transferable and non-transportable.
Deerstone Development will not assist any Subscribers with any reproduction, recovery, or distribution of any User Content.
Upon service cancellation or termination for any reason, access to the Website Builder, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Website Builder, will be removed by Deerstone Development.
Deerstone Development makes no representations or warranties, either expressed or implied, with respect to the images offered through the Website Builder (the “Images”).
In the event of a dispute regarding any Image obtained via the Website Builder, you hereby release Deerstone Development, its officers, directors, owners, agents, and employees from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes.
Deerstone Development is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.
You may only use the Images on your website, while the website maintains an active service subscription with https://deerstonedevelopment.com.
Deerstone Development ‘s email service provides customers with the capability to send and receive email via the Internet. https://deerstonedevelopment.com retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems.As an owner and operator of the equipment and other resources utilized to provide services, https://deerstonedevelopment.com has the legal right to block electronic communications from other entities on the Internet. https://deerstonedevelopment.com relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Subscribers. You acknowledge that as part of your https://deerstonedevelopment.com Service, advertisement sponsored email newsletters may be sent to Subscribers and https://deerstonedevelopment.com email service email accounts.
6. Definition of Unlimited Usage What “Unlimited” means:
https://deerstonedevelopment.com does not set an arbitrary limit on the number of resources an account can use. What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.
Reselling any of the Service’s resources is strictly prohibited.
Any accounts found to be reselling resources will immediately be suspended, with or without notice.
Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a Virtual Private Server (VPS) or a Dedicated Server.
https://deerstonedevelopment.com ‘s “Unlimited” services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by https://deerstonedevelopment.com administrators and anti-abuse controls.
These Subscribers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.
7. Domain Name Registration
https://deerstonedevelopment.com offers domain name registration and renewal services.
https://deerstonedevelopment.com processes registration and renewal services through these respective registrars at its discretion. You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer or renewal of the registration. Deerstone Development is authorized to deny any such transfer requests. You acknowledge and agree that Deerstone Development may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name. Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Subscribers may choose to opt in or out of the Automatic Domain Renewal service via your account control panel. Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate. Subscribers who have purchased their domain name registration at a promotional price are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term. Subscribers who wish to transfer their domain name registration to another domain name registrar while the registration is expired are also subject to a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes. General Domain Transfer Fee (.com, .net, .org, .biz, .info, .mobi, .us, .eu, .me) US$20.00 Special Domain Transfer Fee (.co, .uk, .tv)US$35.00
In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries.
8. Service Fees / Payments / InvoicesAll
Deerstone Development fees and charges are quoted and billed in US Dollars unless otherwise noted. Members have the option to pay services fees in or US Dollars or crypto currency. If crypto currency is selected as the billing currency, Members will be charged the crypto currency equivalent of the US Dollar total. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees.
At its sole discretion, https://deerstonedevelopment.com may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account. Deerstone Development may take any reasonable action to validate your payment and registration information, and collect all payments due.
You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full or a 2 % compounding interest fee will be applied to outstanding invoice.
Invoices for services will be available by requesting in writing. Billing inquiries and disputes should be brought to Deerstone Development ‘s attention within 10 days of the invoice date in writing, via email to email@example.com.
Failure to do so will be deemed to be an admission that the invoice and charges are accurate. If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service 2% compounding interest rate.
Where applicable, Deerstone Development reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.
Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order. Deerstone Development reserves the right to modify service fees and rates, effective upon posting on the Deerstone Development website or on this Agreement.
Current service charges include the following (non-exclusive list):
- Account Reactivation Fee US $50.00
- Chargeback Service charges $50.00
- Reactivation Fee (TOS Violation) US $50.00
- Refund Processing Fee US $ 50.00
9. Definition of “No Transaction Fees
https://deerstonedevelopment.com charges a 3% convenience fee for all credit card payments under your account (“Transaction Fees”).
You will be solely responsible for any such Transaction Fees.
10. Termination / Plan Change / Refund Policy
https://deerstonedevelopment.com may terminate your Service under the following circumstances (non-exclusive list):
Non-payment of fees
You are in breach of any term or condition of this Agreement your use of the Service disrupts Deerstone Development business operations or affects any other party.
All Subscriber data is removed from Deerstone Development servers for such terminations. You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or case ticket.
Our contact information can be found on the Support page of our website: https://deerstonedevelopment.com/contact/
When submitting your cancellation request, you must provide the correct username, password and call in pin for your account for verification.
Incomplete cancellation requests will be deemed invalid and will not be processed.
You will be responsible for any service fees that arise from your failure to cancel your account.
Refunds will not be given any services that are billed monthly or for one-time service fees, such as web design consulting, on-page SEO, Off page SEO, advertising, file recovery fees, domain redemption fees, etc.
You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:
If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
If you cancel your account within 45 days of a hosting service renewal, you will, upon request, receive a full refund on the hosting fees paid on your most recent renewal.
You will be subject to a US $50.00 Refund Processing Fee for this refund.
If you cancel your account within 14 days of a hosting plan change, you will, upon request, receive a full refund on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees.
You will be subject to a US $50.00 Refund Processing Fee for this refund.
If your hosting plan includes a free domain name, you may be required to pay an additional US$ 20.00 Domain Reimbursement Fee to reimburse Deerstone Development for the domain name registration when you do any of the following:
You cancel your subscription to the hosting plan.
Your subscription to the hosting plan ends.
You make changes to your DNS settings.
You transfer the domain name to another domain registrar.
Only one refund may be issued for each invoice. https://deerstonedevelopment.com reserves the right to grant or deny any refund requests.
Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be canceled and will remain in effect until the end of the registration term.
11. Subscriber Responsibility
Deerstone Development services, you will be asked to select a Subscriber ID and Password.
The Subscriber ID and Password are the means through which you access certain services.
You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized use.
IN NO EVENT WILL https://deerstonedevelopment.com BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.
12. Prohibited Conduct
Deerstone Development does not allow the use of unsolicited commercial email (“Spam”) to promote products or services.
Any Subscriber engaging in the sending of Spam through the https://deerstonedevelopment.com network or promoting information on websites hosted by https://deerstonedevelopment.com will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content, and behavior prohibited by the Service:
Content that contains or contains links to nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam.
The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Deerstone Development account will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Deerstone Development service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).
You agree that, unless other instructions are posted on Deerstone Development ‘s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for https://deerstonedevelopment.com posted on the https://deerstonedevelopment.com website.
All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Subscriber information will not be disclosed or sold to any third parties.
You may also be contacted by https://deerstonedevelopment.com ‘s designated customer review software provider for customer experience and service feedback.
15. Reservation of Rights
https://deerstonedevelopment.com reserves the right and sole discretion to:
Censor any website hosted on its servers that is deemed inappropriate.
Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
Terminate any account if the contents of its website result in, or are the subject of, legal action or threatened legal action against https://deerstonedevelopment.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that https://deerstonedevelopment.com determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
16. Limitation of Liability
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. https://deerstonedevelopment.com makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service.
https://deerstonedevelopment.com is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by https://deerstonedevelopment.com.
In no event will https://deerstonedevelopment.com be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
https://deerstonedevelopment.com, its officers, directors, owners, agents, and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall https://deerstonedevelopment.com be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold https://deerstonedevelopment.com, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse https://deerstonedevelopment.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
18. Force Majeure
https://deerstonedevelopment.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
19. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
20. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by and shall be construed in accordance with, the laws of the State of Texas. You may be subject to other local, provincial or state and national laws.
You hereby irrevocably submit to the exclusive jurisdiction of the the State of Texas for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction.
We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
19. Unenforceable Provisions
https://deerstonedevelopment.com does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
23. Entire Agreement
This Agreement, as may be updated from time to time and posted at https://deerstonedevelopment.com/terms-and-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.