Welcome to ClientReady. ClientReady provides the ClientReady web development services ("ClientReady") to you ("you"), subject to the terms of this agreement. As part of ClientReady, ClientReady maintains a World Wide Web site, www.ClientReady (the "Web Site"). The following are the terms and conditions for use of ClientReady and the Web Site, along with any amendments thereto, and any operating rules or policies that may be published from time to time by ClientReady (collectively, the "ClientReady Agreement" or "Agreement"). Please read them carefully. The term "User" in this Agreement refers to any person or entity that has entered into this Agreement with ClientReady. You must be at least 18 years of age to accept this Agreement and to open an account with ClientReady. ClientReady may require that the registrant provide sufficient information to indicate that the registrant is an adult. Minors should access ClientReady only by having their parent or legal guardian register for them and open an account that the parent or legal guardian authorizes the minor to use.
General Terms of Agreement:
Terms of Purchase
ClientReady does not sell a boxed version of our software and in no case do we sell our software for use outside of our network. All of our packages that we sell refer to the amount of time we will design and customize the look of your site. Under no circumstances will we sell, license or give the rights to use our software to a third party.
An HTML hyperlink back to the ClientReady.com web site link back shall accompany all pages within a site purchased from ClientReady.
A site purchased from ClientReady does not come with additional services, other than what is specified on the ClientReady site. All sites come with the built-in ability to do many functions such as email addresses, shopping cart, database, search, Easy Site Editor, etc - but ClientReady does not individually customize them as part of the web site price unless specified.
Features that are not already included in your basic package can be purchased as 'Add-Ons', which are extra services from ClientReady.
Bandwidth & Disk Space.
Accounts whose monthly bandwidth exceeds 10 GigaBytes in transfer may be charged an additional fee for extra bandwidth, $10 per 10 GigaBytes, with a maximum limit of 30 GigaBytes per account.
Disk space in excess of 250 MB per account is available, at an extra fee of $5 per 100 MB. Normally accounts are limited to 250MB of disk space.
In addition to our regular advertised services, ClientReady offers custom programming services in conjunction with our web site solutions. Fees for custom programming are non refundable.
Payments and Fees.
All payments and fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice. There will be a $40 fee for any chargebacks or non-sufficient funds on any transaction.
All site packages come with at least one hour of phone support. Extra phone support can be purchased for $50/hour. The number of phone support hours you may receive as part of your purchased package is listed on ClientReady web site 'Compare Packages' page. ClientReady offers 10 email support tickets per month free of charge. ClientReady does not offer unlimited phone or email support. We will make every attempt to be generous with support, but we cannot offer unlimited help.
Any work requests will be charged at our hourly production rate of $75/hour unless the request is a bug fix, or covered within the cost of your web site package.
Backend features require Internet Explorer and a PC, or a PC emulator for all feature functionality.
The use of all backend features advertised, such as unlimited email addresses, 1 year free top level URL, shopping cart, database, search, Easy Site Editor, etc REQUIRE that the User have a current version of Internet Explorer, Firefox or Safari.
ClientReady retains copyrights for any and all sites sold through ClientReady, unless an express agreement between the User and ClientReady is made. User may not resell the ClientReady site or copyrighted art, HTML, or other parts of the site purchased or obtained from ClientReady.
Monthly Hosting Fees.
All sites will be charged a monthly hosting fee, as described within the ClientReady web site.
10-Day Money Back Guarantee, Exclusions & Refunds.
ClientReady offers a 10-day money back guarantee, on any payment made to ClientReady for a web site. Day one starts when the first payment is made.
Refunds will not be made for any custom work performed as an 'Add-On' , "Rush Jobs" or otherwise in addition to the 'Stock' site as it comes. If we have to integrate any third party software we will take the total billable hours out of the refundable amount not to exceed the original package.
Quotes are good for 30 Days.
Any quote given by ClientReady to a potential customer is good for 30 days. After that period, prices are subject to change.
Should you wish to cancel your account with ClientReady you may do so at any time by forwarding your request in writing and with your signature by postal mail, fax (530) 313-5241 or via email (in the case of email, we MUST RESPOND to your email. Your response from us is your receipt of request).
1. Mass Emailing Policy - IMPORTANT - PLEASE READ
Spamming is illegal and if you plan to do Email marketing, you MUST DO IT THROUGH ANOTHER MAIL GATEWAY (service), and you CANNOT drive traffic to your ClientReady web site via mass email marketing or spamming. You CANNOT send mass email marketing through your ClientReady web mail account or you will be subject to fines and your account may be terminated without a refund.
Unsolicited advertising via email and/or 'Spamming' is a violation of State and Federal Law and is otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Customers will not be entitled to any compensation under any circumstances should Customer engage in mass emailing activity prohibited by Federal Law.
Customer is not entitled to receive files on ClientReady, Inc. servers should their account be terminated due to illegal mass emailing activity, nor is ClientReady responsible for supplying files to Customer in this event.
ClientReady, Inc. reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, ClientReady, Inc. will charge One Dollar ($1.00) per email recipient for any such activity.
If you wish to do Mass Email Marketing of any kind please call at 877-434-2096 and we will educate you as to what is allowed and what is legal.
In other words, you need to sign up with a third-party email direct marketing company such as verticalresponse.com or sparklist.com to do your mass Email marketing. Spamming is not allowed under any circumstances. Users must be double-opt in, and their names/email addresses must have been collected by you.
The reason for this is that servers and web sites end up getting shut down when spamming complaints are received at our hosting facility. In order to prevent this we have a very strict anti-spamming policy. Even though a person may have signed up to receive email from your site, they may forget and complain anyway, which causes a spamming violation.
FAILURE TO COMPLY WILL RESULT IN TERMINATION OF YOUR ACCOUNT! THIS IS SERIOUS BUSINESS DUE TO THE INCREASINGLY RIGOROUS ANTI-SPAMMING LAWS. YOU WILL NOT BE ENTITLED TO A REFUND.
You may also be subject to fines starting at $200 if you use your ClientReady email accounts for mass email marketing! Just Don't Do It!
Please feel free to contact us with your questions about this policy: email@example.com
2. ACCOUNT INFORMATION.
BY PURCHASING SERVICES THROUGH CLIENTREADY, YOU ARE STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE OR A MINOR WITH PARENTAL CONSENT TO USE ClientReady, AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
ClientReady may elect at its sole discretion to monitor some, all or none of the areas of ClientReady for adherence to this Agreement or for any other reason.
(i) Your Domains/URLS. ClientReady is NOT responsible for keeping your domain/URL registration current. This is up to you. Domains expire annually normally...so make sure that you keep your domain payment up to date, or it could fall into the hands of another party, and may not be able to get it back.
(ii) Up To Date Account Information. You agree to provide ClientReady with ongoing, accurate, complete, and updated registration information. Failure to do so constitutes a breach of this Agreement and unauthorized access to ClientReady, and may result in immediate termination of your account and subject you to civil and/or criminal liability.
(iii) Master Account. When you register online for ClientReady, you will receive a password and a master account ("Master Account"). You are entirely responsible for any and all activities conducted through your Master Account and any User-names under your Master Account. You may permit another individual to use your Master Account subject to your supervision and assumption of all resulting liabilities. You agree to notify ClientReady immediately of any unauthorized use of your password or any of your accounts, or of any other breach of security.
(iv) Passwords. Upon your registration as a User of ClientReady, you will select a password. You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your Master Account(s). At no time should you respond to an online request for a password, except when prompted by the ClientReady sign in or for special ClientReady promotional programs. ClientReady employees will never ask for your password online. YOU ARE FULLY LIABLE FOR ALL CHARGES AND ACTIVITY, IF ANY, UNDER YOUR MASTER ACCOUNT(S), INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNT(S).
(iv) User Names. Upon your registration as a User of ClientReady, you must choose a User name to identify yourself to other Users and ClientReady staff. You may not select or use a User name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which ClientReady deems in its discretion to be vulgar or otherwise offensive. ClientReady reserves the right to delete any vulgar or otherwise offensive User name, or to require deletion thereof.
(v) Former Users. Users whose accounts have been terminated by ClientReady may not access ClientReady in any manner or for any reason without the express written permission of ClientReady. Active Users may not knowingly allow former Users who have been terminated to use the active Users' accounts.
3. User PRIVACY.
It is ClientReady's policy to respect the privacy of its Users.
4. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that:
a. ClientReady may contain music, voices, sounds, games, information, communications, software, text, photos, video, graphics, and other material and services (collectively, "Content"), and
b. such Content may be provided under license by independent content providers ("ICPs"), including, but not limited to, content publishers and other Users. You, and any user of your Master Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. ClientReady does not pre-screen Content as a matter of policy, but ClientReady and ICPs shall have the right, but not the responsibility, to remove Content which is deemed in their discretion harmful, offensive, or otherwise in violation of this Agreement. Such removal may be immediate and without notice.
You acknowledge that:
a. ClientReady permits access to Content that is protected by copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights owned by ClientReady or third parties (collectively, "Rights"),
b. these Rights are valid and protected in all media existing now or later developed, and
c. except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws. You may make a copy of non-audio and non-video Content for your personal, non-commercial use only, provided that you keep all copyright or other proprietary notices intact. State and/or federal law may prohibit you from making a copy of audio or video chat, and you therefore agree not to record, reproduce, or download any conversation or video images through ClientReady without the permission of all parties to the conversation or participants in the video. You may not otherwise modify, copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute in any way Content available through ClientReady, including code and software, without express prior written consent. You agree that you may upload or otherwise transmit on or through ClientReady only Content that is not subject to any Rights, or Content in which any holder of Rights has given you express authorization for distribution. ClientReady, in its sole discretion, may remove Content that appears to infringe the intellectual property rights of others, and also may terminate the accounts of Users who have posted infringing material. Please refer to our Copyright Notice for more information. Unless specified otherwise in your upload or transmission, by submitting Content to any area of the ClientReady Web Site you automatically grant -- or warrant that the owner of such Content has expressly granted - ClientReady, its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. You also grant ClientReady the right to authorize the downloading and printing or broadcasting of such material or any portion thereof, by end users for their personal use. Without limiting the foregoing, if you participate in ClientReady's activities, you additionally give ClientReady your consent to record, reproduce or download your conversations or video images you have provided on the site, and to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense your audio conversations or video images provided by you for promotional purposes, or if ClientReady believes in good faith that such action is reasonably necessary to enforce this Agreement or its copyright policy, to comply with the law, to comply with legal process, to operate its systems properly, or to protect itself, its Users, or others.
Persons who commit fraudulent activity will be prosecuted to the fullest extent of the law. Web browsers transmit a unique address that can be used by law enforcement officials to identify fraudulent activity. Both the FBI and the US Secret Service are responsible for investigating Internet fraud cases. If ClientReady suspects your business commiting any type of fraud we reserve the right to terminate your hosting immediately and without any notice.
6. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF ClientReady, ALL SOFTWARE and SERVICES DISTRIBUTED BY ClientReady, AND THE INTERNET ARE AT YOUR SOLE RISK. ClientReady AND ALL SOFTWARE and SERVICES DISTRIBUTED BY ClientReady AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT ClientReady DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ClientReady. ClientReady IS NOT RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT DISTRIBUTED THROUGH ClientReady:
ClientReady DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ClientReady BY ANY THIRD PARTY, WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND WILL NOT BEAR ANY RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES, POLICIES OR ACTIONS. Users USING ANY SUCH PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS RELATING TO THE USE OF SUCH THIRD PARTY CONTENT, SOFTWARE OR SERVICES AND FAILURE TO ABIDE BY THOSE ADDITIONAL TERMS AND CONDITIONS MAY RESULT IN TERMINATION OF USERSHIP TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ClientReady EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE ClientReady SERVICE, ALL SOFTWARE DISTRIBUTED BY ClientReady, OR THE INTERNET. ClientReady MAKES NO WARRANTY THAT ClientReady WILL MEET YOUR REQUIREMENTS, NOR THAT ClientReady WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ClientReady DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ClientReady. ClientReady ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY User, INCLUDING, BUT NOT LIMITED TO, FAILURE OF CONTENT TO BE PORTED TO ClientReady DESPITE ADVERTISING TO THE CONTRARY, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ClientReady, ITS LICENSORS AND SUBCONTRACTORS, OR User's OWN ERRORS AND/OR OMISSIONS.
ClientReady makes no warranty with respect to any related software or hardware or services used or provided by ClientReady in connection with ClientReady. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product. ClientReady assumes no responsibility for any actions or liabilities arising from the possession or use of these software or hardware products. ClientReady makes no warranty that defects in the software will be corrected or that the Web Site or the server that makes it available is free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from ClientReady or through ClientReady shall create any warranty not expressly stated herein. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
You acknowledge that ClientReady shall not assume or have any liability for any action by ClientReady or its icps or other licensors with respect to conduct, communication or content on ClientReady. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall ClientReady be liable for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, data, web pages, product data, web site information, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if ClientReady has been advised of the possibility of such damages) in connection with ClientReady or with any other product or service provided by ClientReady, or resulting from the use of or the inability to use ClientReady, or from any goods or services purchased or obtained or transaction entered into through or from ClientReady, or from unauthorized access to or alteration of your transmissions, data, or account. You specifically agree that ClientReady is not responsible or liable to you or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy. Clientready's entire liability and your exclusive remedy with respect to use of ClientReady and all software distributed by ClientReady shall be the replacement of any software developed by or for ClientReady which is found to be defective, using media chosen by ClientReady. ClientReady's liability to you for breach of this agreement is limited solely to $10. Some states do not allow the exclusion or limitation of liability for certain damages; in such states ClientReady liability is limited to the extent permitted by law.
You agree to defend, indemnify and hold harmless ClientReady, its parents, subsidiaries, affiliated companies, officers, employees, licensees, distributors and ICPs from all losses, liabilities, claims, demands, damages or expenses, including reasonable attorney's fees, (i) arising from breach of this Agreement, or arising in connection with the transmission by or through your Master Account(s) of any Content on ClientReady, or (ii) asserted by any third party due to or arising from or in connection with your use of or conduct on ClientReady. ClientReady reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, which shall not excuse your indemnity obligations.
9. IMPERMISSIBLE CONDUCT
You may not engage in conduct or communication while using ClientReady which is unlawful or which restricts or inhibits any other user from using or enjoying ClientReady. You agree to use ClientReady only for lawful purposes. You agree to abide by all applicable local, state, national and international laws and regulations. Any conduct by you that in ClientReady's sole discretion restricts or inhibits any other User, person or entity from using or enjoying ClientReady or another service will not be permitted and shall entitle ClientReady to immediately terminate your Usership without notice. ClientReady reserves the right to terminate your Usership if it determines in its sole discretion that you have engaged in any impermissible conduct. ClientReady reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to our service, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP). Set forth below by way of example, and not as a limitation, are some common examples of impermissible conduct, which may result in termination of your Usership. This list is not exhaustive. ClientReady reserves the right, but does not assume the responsibility, to restrict conduct which ClientReady deems in its discretion to be harmful to individual Users, damaging to the communities which use ClientReady, or in violation of ClientReady's or any third party's rights. You acknowledge that audio, video and text communications over ClientReady may be posted on one of ClientReady's message boards or libraries, and ClientReady cannot, and does not intend to, review, screen or edit communications, except with respect to Buyer/Vendor match and work-for-hire notification.
You may not post material or use ClientReady to:
a. harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user of ClientReady or other person or entity,
b. post, broadcast, or transmit sexually explicit images or other content which is deemed by ClientReady to be offensive or harmful to minors,
c. post, broadcast, or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable Content, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, even if masked by symbols or other characters,
d. impersonate any person or the voice of any person, including but not limited to, an ClientReady official or employee, communicate under a false name or identity or a name that you are not entitled or authorized to use, in any form of online communication, including, but not limited to, User names, User profiles, audio, video, text or graphic chat and message postings,
e. post or transmit chain letters, pyramid schemes, junk mail, spam or any duplicative or unsolicited messages (commercial or otherwise),
f. post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities, except in those areas that are designated for such a purpose,
g. violate any operating rule, regulation, procedure, policy or guideline of any other interactive service, or interfere with or disrupt networks connected to ClientReady,
h. intentionally or unintentionally violate any applicable local, state, national or international law or regulation,
i. modify any files which ClientReady does not specifically authorize you to modify,
j. modify or deface any ClientReady web pages,
h. Upload any Server - Side Scripting Launguage file. This includes PHP,Python,ASP or any other type of server-side script.
k. knowingly distribute a virus, worm, Trojan horse, time bomb, cancelbot, or other destructive program,
l. knowingly distribute software or content in violation of any license agreement,
m. violate any U.S. law regarding the transmission of technical data or software exported from the United States,
n. harvest or otherwise collect information about others, including e-mail addresses, without their consent,
o. transmit, post, broadcast, publicly display, perform, copy, distribute, download, alter, make a derivative work from ,or use any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, right of publicity, or right of privacy, without the express permission of the Rights holder,
p. attempt to gain unauthorized access to ClientReady, other User accounts, computer systems or networks connected to ClientReady, through password mining or any other means, or
q. use the HTML capabilities of your profile to negatively affect another User's experience.
r. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
If you witness any conduct that violates ClientReady's terms of conduct, ClientReady encourages you to contact ClientReady Customer Service through any means described on the Web Site. If you believe that your copyright in any material has been infringed on the ClientReady site, please notify our Agent for Notice of copyright complaints. ClientReady will handle information you provide in its sole discretion, and does not guarantee any action based on such information.
10. ENTIRE AGREEMENT; MODIFICATION OF AGREEMENT
This Agreement comprises the entire agreement between ClientReady and you, and supersedes any prior agreements between you and ClientReady with respect to the subject matter hereof or thereof. However, you are subject to any additional terms and conditions of which you are notified and/or which may apply when using third party content, software or services. ClientReady reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Web Site on www.ClientReady. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your Usership as provided in Section 9. Your continued use of ClientReady following posting of the revised Agreement on the Web Site shall be conclusively deemed to be acceptance of all such revisions.
You CANNOT use your ClientReady mail service to do mass email marketing of any kind, for spamming or otherwise. Please call us at 877-434-2096 if you have ANY questions about what is allowed.
Questions? Please contact customer service.
ClientReady, Inc. World Headquarters is located at:
8153 Elk Grove Blvd., Suite 20
Elk Grove, CA 95758
Call us toll free at 1-877-434-2096