Palm Web Design || Terms Of Use And Disclaimers
Web Design and Flash Design from Orlando Florida to Daytona Beach
 
The Flagship Web Site of  Palm Web Design Central Florida Web Site Design - From Orlando Orlando, Florida  
Central Florida Web Site Design - To Daytona Beach Daytona Beach     
 

 

 

 

 

VISITOR AGREEMENT, ACCEPTANCE OF TERMS, AND DISCLAIMERS

Welcome to the Web Site of Palm Web Design, a Web Site developed, owned and operated by Palm Web Design. Please read our visitor agreement, terms of use, and disclaimers:
This visitor agreement is a binding legal contract between you and us - that by visiting our Web Site or using any of our services, you accept its terms in full. Since the Internet is an evolving medium we may change the terms of this agreement from time to time. By continuing to visit our Web Site or to use our services after we make any such changes, you continue to accept the terms of our agreement as modified. You agree that our Web Site or our Services are provided "as-is" and that Palm Web Design assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure of any Online functionality, usability, or communications. We reserve the right to deny access to this Web Site or any service provided by this Web Site, to anyone who violates our visitor agreement, our policies or terms of use, or any laws that apply to the use of the Internet. This also applies to anyone who in our judgment interferes with the ability of others to access this Web Site or our services, or who infringes upon the rights or the privacy of others, or who invokes any malicious actions or intent. Furthermore, any failure to exercise or enforce any right or provision of the terms of use\visitor agreement shall not constitute a waiver of such right or provision. Palm Web Design unconditionally claims all rights reserved.

INTELLECTUAL PROPERTY RIGHTS RESERVED

Palm Web Design is very serious about the protection of all of our intellectual property rights. While we make this Web Site freely accessible, we do not intend to give up our rights, or anyone else's rights, to any intellectual property such as: any images or files or content or coding or functionality or service that is represented as a result of our Web Site. Any such material, electronic or otherwise, that is available through this Web Site is the property of Palm Web Design and\or our affiliates or licensors, and is protected by State, Federal, and International copyright, trademark and other intellectual property laws. You may not use any trademark or servicemark appearing on this Web Site for any reason. All images, files, content, coding, and functionality for the Web design of this Web Site are trademark or servicemark, and/or copyright protected, and are intellectual property that is not yours to use or copy or edit. You may not reproduce or distribute copies of anything found on this Web Site in any form (including by email or other electronic means) without the explicit, prior, written permission from Palm Web Design. You may not take away from, or add to, or represent Palm Web Design or our affiliates or licensors in any way. You may not claim any Web Site information or content, or coding or functionality, or service of our Web Site or our business as your own. You may not save to disk any of our Web Site images or files or content or coding or functionality or service for the purpose of editing or manipulating or reverse engineering, or re-using for profit or gain. In addition, because damages can be difficult to quantify, if actual damages cannot be easily calculated, then you agree to pay us liquidated damages of U.S. $25,000. for each and every instance of theft or misuse or unauthorized use-of our intellectual property. This pertains to each and every item of our intellectual property. If damages are not difficult to quantify, you agree to pay for actual damages plus charges, to the extent that such actual damages and charges can be reasonably calculated. This is in addition to any other legal fines or liability. Otherwise, you may display or print information you receive through this Web Site for your own personal, and non-commercial, and legal use only. No rights, or ownership, or guarantees are inferred or transferred.

Requests for permission to reproduce or distribute information found on this Web Site can be sent to Palm Web Design at: webmaster@palmwebdesign.com   

By submitting any information or materials to Palm Web Design, you are representing that you are the rightful owner of the information or materials, or that you have the expressed consent of the owner to do so. By submitting any information or material for use on our Web Site, including message boards, chat areas, community publishing areas, listings, directories, or advertisements, you agree that we may display, reproduce, modify, or distribute such information or material as we see fit, in any form and for any reason, including by email or other means, and for any purpose. You also agree that we may identify you as the author of any of your postings, listings, or submitting's, by name, screen name, email address, or location as we so choose. We reserve the right to delete, move, edit, or refuse any listings, postings, or submitting's, solely at our discretion. You further agree to be fully responsible and liable for the information or material that you submit - to be true and accurate, as well as suitable for public display. We assume no obligation or liability for what you submit. Do not submit any information or material that would be generally or legally considered as unacceptable, inappropriate, hateful, offensive, or misleading.

Any work or services performed by Palm Web Design may be used by Palm Web Design for display, example, portfolio, demo, or show puropses, as work or services or skills or abilities that Palm Web design has done or can offer. This may include any files or graphics or other materials that are submitted to Palm Web Design with which work or services or comps are requested of Palm Web Design, in whole or in part. Materials submitted become the property of Palm Web Design.

Any work or services provided by Palm Web Design may not be re-sold, rented, traded, or otherwise transferred to another party without the expressed, written permission of Palm Web Design.

We expressly prohibit any form of collecting or mining for email addresses or personal information, or the sending of spam or unsolicited advertisements to or from any of our Web Sites or services or accounts.

We expressly prohibit any form of collecting or mining of information, data, and/or contacts from our Web Site for any commercial or competitive use.

We also expressly prohibit any form of trying to gain access to any of our Web Sites or services or accounts through any unauthorized or unconventional means, including by hacking, reverse-engineering, directory surfing, phishing, or attempts to find information or files or folders by means other than what is intended to be displayed or made accessible with our pre-designed and rightfully intended links to such.

LINKS TO OUR WEB SITE

We welcome links to our Web Site. You are free to establish a credible link to our Web Site, as long as the link does not state or imply any sponsorship of your Web Site by us, and that you are not trying to cause any harm or interference to our Web Site or services. You are free to encourage others to access this Web Site for themselves, or to tell them how to find it. You may not frame or in-line link, any of the content of this Web Site or services. Do not incorporate any of our intellectual property into another Web Site or other service.

LINKS FROM OUR WEB SITE

This Web Site may provide, or third parties may provide, links to other Web Sites or resources. Because Palm Web Design has no control over other such sites or resources, you acknowledge and agree that Palm Web Design is not responsible for the availability or accountability of such sites or resources, and does not endorse and is not responsible or liable for any of their content, advertising, products, or other materials on or available from such external sites or resources.

VISITATION AND USE ARE AS-IS, AS-AVAILABLE, OWN JUDGEMENT, OWN RISK

We work hard to make this Web Site interesting, informative, accurate, and enjoyable. Even at that, we do not endorse or guarantee that visitors will always find everything to their liking, or that something may not be objectionable to them, or that our views are the same as theirs. We intend for accuracy in our own content, and that any services we offer are reliable. However we do not endorse or guarantee the accuracy of any information posted or submitted, or the information from any other Web Site or service - including links to other Web Sites or services from ours, or any imported or feed data or content that displays on our Web Site. All information is presented as-is and as-available, and is accepted at your own judgment and own risk.

While you may only use the information, material, or services offered through this Web Site for your own personal viewing and non-commercial use, you agree that you do so at your own risk, and that we are not responsible or liable for any loss or damages. Any information, material, or services that we provide are as-is, and as-available. Your visitation or use of our Web Site is voluntary on your part, and it is your own judgment and choice as to whether you use the information, material, or services from our Web Site. You further understand and agree that Palm Web Design has any and all rights, authority, and sole discretion to design, develop, present, operate, and maintain this Web Site according to our own purpose, discretion, judgment, and intent - as we see fit.

ELECTRONIC COMMUNICATIONS, YOUR CONSENT

When you send e-mail or electronic communication to our company or its affiliates, you are thereby consenting to receive communications from us electronically or by other means available, such as by telephone or by facsimile. You agree that we may send e-mail or electronic communications to you for the purpose of direct communication. It is further understood and accepted that all agreements, notices, disclosures and other communications that we send to you by email or electronic communication will satisfy any legal requirement that such communication be in writing.

JURISDICTION

This visitor agreement and any policy or practice of Palm Web Design has been made in and shall be construed in accordance with the laws of the State of Florida. You consent to the exclusive jurisdiction of the state and federal courts in Seminole County (or Orange County as needed), Florida in all disputes arising out of or relating to this agreement or this Web Site or any of our business or services. It is our intent that our written or posted terms of use\visitor agreement, policies, disclaimers, and disclosures do take precedence over and\or clarify any legal discrepancies or conflicts of jurisdictional law, should they appear to occur.


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OUR WEB HOSTING, EMAIL, DOMAIN NAME REGISTRATION, AND MAINTENANCE SERVICES

Palm Web Design provides Web Site hosting with email services, and Web Site Maintenance services, in addition to Web Design and Web Development. We want everyone to be able to enjoy these communications services. In the ordinary course of business we will not review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other form of information available to us by virtue of your use of our Web Site or services. We also may use reverse IP address inquiry or ISP inquiry in order to enforce our terms of use\visitor agreement or policies, or to protect the rights or property of us, our affiliates, our clients, or visitors. We reserve the right to deny access or refuse service, or terminate service to any of our Web Sites or services - to anyone who violates our terms of use\visitor agreement or policies, or who in our judgment interferes with or infringes upon the ability of others to use our Web Site or services. We also reserve the right but assume no obligation, to delete, move, edit, or refuse anything that we consider unacceptable or inappropriate for any reason. We do not build or design, host or maintain, or supply services for pornographic or solicitation types of Web Sites. Furthermore, the business solutions or services that we offer will contain our right to refuse business or service to anyone, solely at our discretion.

USE OF OUR EMAIL, WEB HOSTING, AND OTHER SERVICES

We do not promote or condone or tolerate the use of electronic communications for spam usage. We will terminate any account which we believe, in our opinion, is being used to send or is connected with any illegal activity, spam, mal-ware or malicious code. This will be immediate and without any reimbursement or refund. In addition, because damages can be difficult to quantify, if actual damages cannot be easily calculated, then you agree to pay us the liquidated damages of U.S. $5. for each and every instance and address of any illegal activity, spam, mal-ware or malicious code being sent. If damages are not difficult to quantify, you agree to pay for actual damages, to the extent that such actual damages can be reasonably calculated. This is in addition to any other legal fines or liability. You are fully responsible and liable for any content or attachment or use of any email or electronic communication that is sent from your account.

In addition to the prohibited use of spamming or sending unsolicited advertisements, you may not use our Web hosting or email service or your account for any illegal purpose and you may not send, post, or make available any message or content or address or header that is: harmful, abusive, threatening, obscene, libelous, impersonated, falsified, forged, or disguised. You are prohibited from any collection or mining or targeting of email addresses or personal information of others for any illegal or prohibited purpose.

You acknowledge and agree that you are solely responsible for screening any received or incoming email messages or attachments for viruses, worms and other harmful components. You agree to indemnify and hold us harmless from any claim that may arise from your use of any electronic communications service available through Palm Web Design or its services. We are not responsible for any such email or electronic communication that is sent to you from anyone.

You agree that you are of legal age and capacity to use or access our Web Site or services. You agree that any information you supply to us will be accurate and complete, and that you will not use or access under the name or identity of another person. We further reserve the right to reject or discontinue any user name that, in our judgment, is offensive, vulgar, or misleading. You will be responsible for the confidentiality of your password which is for your own personal or authorized use. You agree to notify us at of any unauthorized use of your account.

In addition to Web hosting, our Domain Name look-up and registration service and our Web Site maintenance service options are provided by us on a best-of-ability and sincere-effort basis. We also assume no obligation or liability for any loss or damages to property, or business, or financial income that result from our refusal or termination or denial of any of these services, or from unforeseen circumstances beyond our control. You understand and agree that you will fulfill any obligations and\or payment in full in order to initiate and maintain or continue Web Site hosting, email usage, Domain Name, Web Site maintenance, or any of our services or affiliates' services. We reserve the right to suspend or terminate or deny access to any account or service at any time for any violation of our terms or policy, or for any prohibited or illegal activity, or for non-payment. Your account or service or Domain Name may also expire due to non-renewal.

WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE, for any reason and solely at our discretion. Also, some Web Sites or advertisements in their purpose or content, or some businesses by their nature, may not be agreeable for us to design for or provide services for; Palm Web Design does not allow hosting or services for porn Sites, email based advertising for goods or services - (from email lists of recipients that the business does not know) , overseas based companies that are not bound by the rules and regulations of the United States, link farms, or uncontrolled\unsecured chat rooms or posting rooms.

Copyright Palm Web Design - All Rights Reserved.



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