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PRIVACY STATEMENT

Your privacy is of great concern to us at by DESIGN. The information we collect on this site is only used for its stated purpose. We do not sell or share any of the information we collect with any third parties. The information we collect is used in the 6 ways listed below.

1. All of our web sites do not request any personal information or collect any information that personally identifies you or allows you to be personally contacted, unless otherwise specified by a separate privacy policy.

2. Our online store collects only relevant information persuant to verifiying your identity when submitting credit card information, and ensuring the product is shipped to the proper location. This information will not be used to contact you with anything aside from your purchase.

3. We use your IP address to help diagnose problems with our server and to administer our Web site. We use the IP address and other generic information (Browser and Operating System Version) to generate statistics for our hosted websites.

4. This site makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

5. This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. The only logged information is accessable only to administrators with logins to our internal servers.

6. This site contains links to other sites. ZTNet is not responsible for the privacy practices or the content of such Web sites.

POLICY STATEMENT

All designs whether graphical or web design are property of By Design until the client has paid in full for the project. Unless otherwise noted, we will guarantee the quality of our work for 30 days from the date product(s) were purchased.

Hosting fees are non-refundable. Cancellation requires a 30 day notice description to hosting@bydesign.ws.

Web design projects may require a written contract signed and dated by client and employee of By Design.

Once a website is paid in full, the client is assigned the rights of the website's content and material. The layout and the design cannot be used without by DESIGN's written permission as it is copyrighted by By Design. By Design's signature will be added to any website unless negotiated otherwise.

Payment for setup of web hosting and at least one month's monthly web hosting fee is required before activation of account.

by DESIGN reserves the right to cancel any website hosting plan if payment is not received within 30 days of the due date. We agree to provide you with hosting services set forth at the time of signup and you agree to abide by the restrictions made. We reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the terms and conditions of using our service, then you may choose not access the service.

by DESIGN is not responsible for website data that is overwritten by a client doing his/her own website modifications.

Warranty Disclaimer

Though we currently have a 99.5% uptime running rate, no warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.

Responsibility of Use

Under no circumstance shall we be held liable for your actions while you are hosting your website in regards to copyrighted materials. In the event of a court order, we may provide any and all information that they request of us to them.

Limitation of Liability

Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.

Restrictions of Use

User understands that the following restrictions are applied to the service:

User May Not:

Send SPAM, or bulk email that is unsolicited.
Post offensive, threatening, or SPAM, when using the newsgroups.
Post or transmit viruses or any harmful component to others.
Post anything that is protected by copyright without permission.
Attempt to violate the security of any computer network.
Engage in any illegal activity.
Share their account information with any other person.

System Backups

We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

by DESIGN accepts checks & money orders but only for semi annual or annual payments. Month to month is not available for any methods besides credit cards or cash.

Refunds will be only given upon request in the first seven (7) days of service if the user states that they were not happy with the service provided and provides a reason for cancellation. Refunds are only available for credit card transactions.

Any billing disputes done through the bank will result in immediate cancellation of your hosting account. Please direct all billing disputes to our billing department. For any accidental disputes, if you wish to get your service reinstated you will have a $15.00 per dispute reinstatement fee. Email billing@bydesign.ws ONLY for any billing questions.

If a check payment is returned for any reason a $25.00 returned check fee will apply.

Cancellation Policy

You can cancel your service one of three ways.

By mail to:
66 West Street
Leominster, MA 01453

By Phone to: 978-840-3344 or by fax to: 978-840-3288

Please include your name, address, return phone number, hosting username, and email address as well as a request to cancel service and the date you want the cancellation to occur.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.

In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and us with respect to the Service.

5/27/2001