Terms and conditions are essential to protect you, us, and the Internet community in general from illegal, irresponsible, and/or disruptive online activities. Therefore, by using our services, you agree to the following terms, conditions, and policies.
Upon purchasing a web design package, you take responsibility for:
- Website Content: You, the customer, are responsible for all content published inside the website. You acknowledge that you have the authority and the rights, either by ownership or by permission, to all content, including but not limited to model videos and other videos, model photos and other graphical components, banners, text descriptions, slogans, and promotions. You further acknowledge that all models were over the age of 18 at the time photos and/or videos were created and that all images are in full compliance with 18 U.S.C. 2257 and associated regulations.
- Website Uploads: While we are happy to provide instructions for uploading content to your website, the responsibility for these uploads rests solely with you, the customer. Technical support is available, but is limited to problems directly related to your web design service subscription.
- Website Upkeep: Your website includes only the code (front end and content management system) and hosting service—all content is the responsibility of the client. We may provide upgrades to ensure the continued technical function of the scripts, but cannot make guarantees and assumes no responsibility for updating the actual content.
- Domain Name: Your domain name is being leased, as part of your package, from Spiderweb-Solutions.com. Such domain name will remain under the sole ownership of Spiderweb-Solutions.com. They will gladly acquire the domain name of your choice; however, we assume no responsibility for loss, damage, or expense that may arise from the registration of said domain name in any online or off-line network directories, membership lists, or registration lists. Likewise, we will not accept responsibility for any loss, damage, or expense arising from the removal of said domain name from such directories or lists following the termination of this service for any reason.
By using our services, you agree to the following billing policy:
- Payment Method: Our system accepts only recurring credit card payments in US dollars.
- New Services: Your credit card will be charged at the time of setup for new services.
- Recurring Fees: Your credit card will be charged monthly according to the payment schedule of the product and/or services you purchased.
- Failure to Pay: If payment is not received within 10 days of the due date, your services will be suspended. You can reinstate your account by paying the balance due and updating your payment information. (To avoid suspension, please ensure we always have up-to-date credit card information on file.)
- Reinstatement of Service: Service can be reinstated without additional fees within 30 days. After 30 days, but within 6 months, service can be reinstated with a $180 data-recovery fee. We may also require a secure form of payment, such as a notarized statement authorizing us to charge your credit card for the appropriate amount.
- Stopped Payments: If you stop payment or initiate a chargeback through your credit card company, We may, at our discretion, immediately suspend your service.
- Cancelling Services: You may cancel your account at any time by providing written notice via registered mail. Accounts must be up to date in order for cancellations to be processed. No Refunds for any prepaid services.
We pledge the following to our customers:
- Functional website: We offer all of our services in good faith and warranties their functionality in all major browsers (IE, Firefox, Chrome, Safari) at the time of sale. However, we cannot warranty their continued function when new versions of browsers are released, nor can we warranty their function in less common Web browsers.
- Technical Support: We charge a flat rate of $50 per hour for technical support for issues directly related to the back end of your website.
Indemnity and Releases
When you purchase a web design service, you agree to the following:
- Indemnification: You agree to indemnify and hold harmless DivineTemptations.com and its affiliated websites, their officers, directors, and employees from any loss, expense, or damage arising from any claim, demand, action, suit, proceeding, judgement, or other expense that may arise from any service provided to you by DivineTemptations.com and its affiliates websites, including content that violates any copyright, proprietary right of any person, or state and federal regulations, or any content that may be deemed libellous or scandalous.
- Release of Warranty:You acknowledge that We make no warranties whatsoever on any of the services we provide. As a result, you agree that DivineTemptations.com and its affiliated websites, their officers, directors, and employees shall not be liable for any claims, damages, or losses you may suffer, whether direct, indirect, consequential, actual, or punitive. This is included but not limited to loss or damages resulting from the loss of data caused by delays, non-deliveries, or service interruptions.
- Disclaimer: We expressly disclaims any obligation to monitor our customers or other users for violations of this policy and/or the law. Furthermore, We are not liable or responsible for the actions of our customers or other users, nor for any content posted on any website using one of our services.
- Reservation of Rights: We reserve the right to cooperate with appropriate legal authorities investigating claims of illegal activity involving our services, customers, or users. We reserve all other rights to respond to violations of this policy to the extent of applicable law and in accordance with any applicable contracts.
Violations & Penalties
Customers are responsible for the content and use of their websites. However, in order to help protect our customers and create a safe online environment, We offer the following guidelines for dealing with violations of this policy:
- Reporting Non-Copyright Violations: We encourage users to report violations of this policy by contacting us. Please include in the report the offending domain (e.g., www.xyz.com) and the type of abuse (e.g., spam, illegal acts, harassment, etc.) in the subject line of the e-mail.
- Reporting of Copyright Violations: We comply with the Digital Millennium Copyright Act (DMCA). We therefore encourage users to report any alleged copyright infringement by one of our customers or users by contacting us with a notice that complies with the DMCA.
- Remedies: If We learn of a violation of this policy, we will
respond to the applicable customer and may, in our sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
i. Warning the customer
ii. Suspending the offending customer from services
iii. Terminating the offending customer from services
iv. Imposing fees or charges on the offending customer account in accordance with the applicable service contract
v. Removing the offending content
vi. Taking other action in accordance with this policy, the applicable service contract, or applicable law
About This Agreement
- Scope: This policy applies to you, the customer, as well as your employees, agents, contractors, and any other users to whom you grant access or provide services using our services.
- Changes to Agreement: We may change this agreement at any time by posting the change and effective date on this website. Use of our services after the effective date shall constitute your agreement to the amended policy.
- Entirety of Agreement: This policy constitutes the entire agreement between the parties and represents the entire understanding of the parties with respect to said agreement.
- Relationship between Parties: The parties to this agreement are independent entities, and nothing contained in this agreement shall constitute agency, employment, partnership, or any other form of joint venture between the parties.
- Severability of Clauses: In the event that any term or provision of this agreement is held by a court of competent jurisdiction to be illegal, unenforceable, or invalid, the rest of the agreement shall remain in full effect.
- Interpretation of Agreement: The format, words, and phrases in this agreement shall have the meaning generally understood in the Telecommunications/ Software/Internet industries. This agreement shall be construed in accordance with its fair meaning and not against the drafting party.