Terms and Conditions

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-commerce and other Internet-related services provided by InfusionLabs Web Development (the "Services"). As used in this Agreement, "you" or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the InfusionLabs Web Development web site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "InfusionLabs Web Development web site" refers to the Site located at the www.infusion-labs.com, www.infusion-labs.com, or any other successor Sites owned or maintained by InfusionLabs Web Development.

1. APPROPRIATE USE OF THE SERVICES.
   
   InfusionLabs Web Development provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. 
   
   
   1. Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any InfusionLabs Web Development server in connection with Client's use of the Services which: 
      
      
      • violate any state, federal or foreign laws or regulations
      • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of InfusionLabs Web Development or any third party
      • violate any InfusionLabs Web Development policy posted on the InfusionLabs Web Development Site
      • contain viruses or other computer programming defects which result in damage to InfusionLabs Web Development or any third party
      • contain or promote any content of a pornographic nature
      
      
      
   2. No Spam Policy. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at InfusionLabs Web Development, or otherwise, that mention or reference any domain hosted on InfusionLabs Web Development servers or parked on InfusionLabs Web Development DNS servers. Client agrees to not knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following: 
      
      
      • False or misleading email header information
      • Deceptive email subject lines
      • Failure to provide an opt-out method
      • Failure to identify the message as an advertisement
      • Failure to include a physical postal address in an email
      
      
      
   3. Disk Space. Client may occupy only the amount of disk space on the InfusionLabs Web Development Server that is allocated to the account. Client may not make any account (including but not limited to web space, email accounts, bandwidth, storage space, or reseller rights) available to any third party in any way, including but not limited to the use of Sub Domains, Add-on Domains, Sub Directories, or by any other means. Client understands and agrees that shared server space is for business and personal website operations purposes only and not for unrelated data storage. Client may be charged a penalty for over-utilization of disk space. 
      
      
   4. Server Resources. Client is responsible for controlling the server resources that are consumed by any files and/or use from within Client's hosting account. If Client's hosting account is on a shared server, and Client's use of such resources causes an increased server load that adversely affects other hosting accounts in the same shared hosting environment, InfusionLabs reserves the right to disable the offending process, and in extreme cases, suspend the account until the cause of the excessive process is resolved. InfusionLabs also requires that all bulk emailing originating from a script on Client's web site shall be limited to use between the off-peak hours of 10:00 pm to 5:00 am in order to impact the least number of other users in the shared hosting environment. Note, server resource limitations do not apply to hosting accounts with dedicated servers. 
      
      
   5. Bandwidth. Client may utilize no more than the network bandwidth that is allocated to the account. Client may be charged a penalty for over-utilization of network bandwidth. 
      
      
   6. Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services. 
      
      
   7. Back-Up Files. InfusionLabs Web Development backs up its servers on a nightly basis, however InfusionLabs Web Development does not guarantee the existence, accuracy, or regularity of its back-up services and, therefore, Client is responsible for making back-ups of files within their account in connection with its use of the Services. InfusionLabs Web Development is not responsible for any lost or damaged files regardless of the cause. On request, InfusionLabs Web Development will restore any available file(s) from its nightly backup for a fee based on the current hourly rate of $60/hour. This fee is waived for clients who have a current monthly maintenance contract with InfusionLabs Web Development. 
      
      
   8. Termination. InfusionLabs Web Development, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact us.
      
      
   9. Use By Minors. InfusionLabs Web Development does not sell its products and services to minors under the age of 18. InfusionLabs Web Development sells such products and services to adults, who can purchase with a credit card. Minors under the age of 18 may purchase such products and services of InfusionLabs Web Development only with the involvement of a parent or guardian in the transaction. 
      
      
2. PAYMENT OBLIGATIONS
   
   
   1. Monthly Service Fees. Each of InfusionLabs Web Development's web hosting and site maintenance plans are billed monthly from the first day of each month to the last. If the first month's billing cycle includes a partial month, the amount billed will be prorated based on the number of days remaining in the normal billing cycle. On or about the First (1st) of each month, InfusionLabs Web Development shall either (i) debit Client's credit or debit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services Fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to InfusionLabs Web Development prior to the Past Due Date stated on the invoice. Certain services carry a set-up fee charged by InfusionLabs Web Development to Client that must be paid by Client in order to start use of the Service(s). If Client terminates this Agreement in accordance with Section 3 hereunder, Client shall be responsible for any outstanding fees owed to InfusionLabs Web Development and agrees to pay any and all fees incurred by Client. 
      
      
   2. Late Fees and Penalties. Any payment InfusionLabs Web Development receives on or after the Past Due Date shall be assessed a $10.00 late fee. If payment is not received by the beginning of the following month's billing cycle InfusionLabs Web Development will suspend the account until payment is received, and will assess an additional $20.00 reinstatement fee to unsuspend the account after payment is received. InfusionLabs Web Development shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to InfusionLabs Web Development. 
      
      
   3. Domain Names. If Client chooses to register a domain name(s) through InfusionLabs Web Development, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. InfusionLabs Web Development does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. 
      
      
3. CANCELLATIONS AND REFUNDS
   
   
   1. Hosting and Maintenance Contract Cancellation.
      
      Cancellation of a hosting or maintenance account requires advance notice. Shared hosting accounts (Personal, Business, Corporate, and E-Commerce) and Maintenance Accounts require 24 hour notice prior to the first (1st) day of the next billing cycle. Dedicated Server hosting accounts require 30 days notice prior to the first (1st) day of the next billing cycle. For all hosting and maintenance accounts the first (1st) day of each billing cycle is the first (1st) day of each month. 
      
      Because web hosting services are provided on a monthly basis, the client will be responsible for service fees already paid regardless of when the client provides notice of termination. Thus, for example, if Client provides notice to terminate prior to the end of the billing cycle, which in every case is the end of the month, the remaining balance for that month will not be pro-rated or refunded. If Client has prepaid for services six (6) or twelve (12) months in advance, the client agrees that no refunds will be issued for any unused portion of the services regardless of when the client cancels the services. Therefore, if the client's account is cancelled at any point during the pre-paid contract term, Client will not be entitled to a pro-rated refund. 
      
      All accounts are cancelled as soon as the client submits the account cancellation request, at which time all remaining files in Client's account will be deleted. Client is responsible to remove all personal files from the server prior to the cancellation request. InfusionLabs Web Development will not be held responsible for any files deleted by InfusionLabs on that day. The cancellation procedure is subject to change without notice. Hosting and maintenance account cancellations must be requested from within the client's Account Manager by logging in from our home page. 
      
      
   2. Web Design Contract Cancellation.
      
      A non-refundable deposit amount of 50% is due at the time of the contract signing. Cancellation of any web design project by either party will result is a refund to the client of all fees paid beyond the deposit amount, minus the amount already incurred in the development of the project by the date of cancellation, based on the amount of $60/hour. Web design cancellation refunds will be processed and delivered within 5 business days of the cancellation date. 
      
      
4. CLIENT LIABILITY AND INDEMNIFICATION
   
   The parties agree that in no event shall InfusionLabs Web Development be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless InfusionLabs Web Development from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. 
   
   
5. TAXES
   
   Client will pay and indemnify and hold InfusionLabs Web Development harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof. 
   
   
6. DISCLAIMER OF WARRANTY
   
   THE SERVICES, THE InfusionLabs Web Development SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE InfusionLabs Web Development SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. InfusionLabs Web Development DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING , WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, InfusionLabs Web Development SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. 
   
   
7. LIMITATION OF LIABILITY
   
   IN NO EVENT SHALL InfusionLabs Web Development BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE InfusionLabs Web Development SITE OR ANY InfusionLabs Web Development PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL InfusionLabs Web Development'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US). 
   
   
8. MISCELLANEOUS
   
   If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by InfusionLabs Web Development. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement and InfusionLabs Web Development's policies are subject to change by InfusionLabs Web Development without notice. Continued usage of the Services after a change to this Agreement by InfusionLabs Web Development or after a new policy is implemented and posted on the InfusionLabs Web Development Site constitutes your acceptance of such change or policy. We encourage you to regularly check the InfusionLabs Web Development Site for any changes or additions.