TERMS AND CONDITIONS (Creative Design & Hosting)

This Creative design and Web Hosting Agreement (“Agreement”) is between First Sight Design (“First Sight Design”), and the person (individual or legal person) who signs First Sight Design’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of First Sight Design’s Web hosting service.

Please read this agreement carefully. By agreeing to our terms of service and acceptable use policy on the account signup form, signing up, communicating with us, paying for and/or using our services, you are agreeing to be bound by the conditions and terms of this agreement, our acceptable use policy, and our privacy policy.

Table of Contents
• Account Setup
• Transfers
• Abuse & Prohibited Use
• Payment Information
• Discount & Coupon Codes
• Cancellations
• Money Back Guarantee
• Bandwidth & Storage Usage
• Backups & Data Loss
• Reseller Client Responsibility
• Shared (Non-Reseller Accounts)
• Uptime Guarantee
• Support Scope
• Right To Refusal Without Cause
• Indemnification
• Arbitration
• Disclosure To Law Enforcement
• Disclaimer
• Copyright Policy
• Changes To The TOS

Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

Abuse & Prohibited Use
First Sight Design reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the First Sight Design staff.

Abuse can include, but is not limited to the following offenses:

A) Any attempts to compromise or actual compromise of a network device belonging to First Sight Design or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as “spam”, is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service “harvesting” is also prohibited and may result in termination of service.

D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “warez”. Any complaint received will be investigated and may result in termination of service.

E) Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal in Canada is strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

G) The use of IRC software, Bit Torrent software, Proxy software, and automated “bots” is strictly prohibited. The use of some forums and any other multiuser chat software which could create a high load on our servers, disrupt other users, and/or attract Denial of Service attacks is also prohibited. First Sight Design will deal with any of these issues on a case by case basis, and will attempt to work with client to resolve the issue to both parties satisfaction.

H) Offering image, file, document or data storage and free hosting or email services are strictly prohibited.

Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.

Payment Information
You agree to supply appropriate payment for the services received from First Sight Design, in advance of the time period during which such services are provided. You agree that until and unless you notify First Sight Design of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of First Sight Design, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a 15% late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our Billing Team.

First Sight Design reserves the right to change the monthly payment amount and any other charges at anytime.

Discount & Coupon Codes
Discount and coupon codes are applicable only to the Service to which they are validly applied. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, the Service are not applicable. Upon any downgrade, upgrade or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the account, closure of the account or retroactive adjustment of related charges. First Sight Design reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.

Cancellations
Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, First Sight Design reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.

Money Back Guarantee
If an account with a sixty (60) day money-back guarantee is purchased and cancelled within sixty (60) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a sixty (60) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first sixty (60) days.

Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. First Sight Design reserves the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy.

Bandwidth & Storage Usage
You are allocated a monthly bandwidth and storage allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until more bandwidth or storage is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Backups & Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week and only for the 30 days prior of backups are kept. This service is provided to you as a courtesy. First Sight Design is not responsible for files and/or data residing on your account. Customer agrees to maintain a current copy of all content hosted by First Sight Design notwithstanding any agreement by First Sight Design to provide backup services.

Reseller Client Responsibility
Resellers are responsible for supporting their clients. First Sight Design does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. First Sight Design will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.

Shared (Non-Reseller Accounts)
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account.

Uptime Guarantee
First Sight Design strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by First Sight Design monitoring systems or First Sight Design authorized/contracted outside monitoring services. If First Sight Design fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. First Sight Design does not credit a full month’s service for minor downtime. This would not be financially healthy for First Sight Design, and in turn would only negatively affect the service level First Sight Design provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, First Sight Design may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the First Sight Design network caused by or associated with:

A) Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

B) Telco Failure (i.e. Verizon™ cutting a fiber line somewhere)

C) Backbone peering point issues (i.e. UUNet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)

D) Scheduled maintenance for hardware/software upgrades

E) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). First Sight Design utilizes only name brand hardware of the highest quality and performance.

F) Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)

G) DNS issues not within the direct control of First Sight Design

H) Network floods, hacks, attacks from outside parties or individuals

I) Failure or error of any First Sight Design monitoring or measurement system

J) Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of First Sight Design service(s) in breach of First Sight Design Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Support Scope
You are fully responsible for the installation and operation of any and all scripts or applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications.

Right To Refusal Without Cause
First Sight Design may refuse to accept any customer or any website for participation in the First Sight Design network as determined by First Sight Design at its sole discretion.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold First Sight Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against First Sight Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless First Sight Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with First Sight Design; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from First Sight Design’s server.

Arbitration
By using any First Sight Design services, you agree to binding arbitration. If any disputes or claims arise against First Sight Design or its subsidiaries, such disputes will be handled by an arbitrator of First Sight Design’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclosure To Law Enforcement
First Sight Design may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Disclaimer
First Sight Design will not be responsible for any damages your business may suffer. First Sight Design makes no warranties of any kind, expressed or implied for services we provide. First Sight Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by First Sight Design and its employees.

Copyright Policy
All content on this website is Copyright © First Sight Design and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of First Sight Design. First Sight Design reserves the right to use all final client content for marketing and portfolio display. Design Creative branding for all First Sight Design products may not be removed and are incorporated in the clients budget.

Changes To The TOS
First Sight Design reserves the right to revise its policies at any time without notice.