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Terms of Service

Wednesday, 08 October 2008 12:51 administrator

Terms of ServiceYC Designs LLC ("We", "Us" or "Our") provides a platform for internet web hosting services to its subscribers (the "Subscribers" or "you" or "your"). Additionally, We may provide services involving registration, transfer or renewal of domain name among others. Your use of all of the services is governed by this Terms of Service (the "Terms of Service") and our Acceptable Use Policy ("AUP") found at [[INSERT YOUR LINK TO AUP]]. 1. Services/Reselling Services. Subject to your satisfaction of our credit approval requirements, We agree to provide the services you ordered (the "Services") by completing and submitting our Services order form (the "Order Form") either in writing, online or verbally. Reselling the Services is strictly prohibited and is a material breach of the Terms of Service. 2. Domain Name Services. If your Order Form provides for Us to register, renew or transfer a domain name ("Domain Name Services"), We will submit the request to Tucows.com Co (the "Registrar") on your behalf. Our sole responsibility is to submit the request to the Registrar. We are not responsible for any errors, omissions or failures of the Registrar. By ordering Domain Name Services, you are agreeing to the terms posted at [[INSERT YOUR LINK TO DOMAIN NAME AGREEMENTS]]. You are responsible for closing any account with any prior reseller of Registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar. 3. Term. The initial term of each of your Services shall begin on the date (the "Services Commencement Date") that We generate an e-mail welcome message announcing the activation of the Service you ordered and shall continue for the number of months stated in the Order Form (the "Initial Term") for each such Service. Upon expiration of the Initial Term, this Terms of Service shall automatically renew for successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or Renewal Term, as the case may be. The Initial Term and any Renewal Term may be referred to collectively herein as the "Term." 4. Fees (a) Recurring Fees. The fee for the Services specified in your Order Form(s) is the "Recurring Fee". Beginning on the Services Commencement Date, unless otherwise specified on your Order Form, you agree to pay the Recurring Fee in advance on the first day of each billing cycle (the "Due Date"), without invoice. The billing cycle for Recurring Fees is specified in the Order Form. (b) Non-Recurring Fees. If you ask Us to perform Domain Services, you will be charged a "Domain Registration Fee" as specified on the Order Form. If you use bandwidth or disk space in excess of that provided in your Order Form, you agree to pay a fee ("Overage Fee") for such excess amounts. We may charge set-up fees ("Set Up Fee") for certain of the Services; a fee for credit card charge backs ("Charge Back Fee"); and other non-recurring fees relating to the Services. Domain Registration Fees, Overage Fees, Set Up Fees, Charge Back Fees, Reinstatement Fee (as defined below) and all other non-recurring fees relating to the Services are collectively referred to as "Non-Recurring Fees". You agree to pay Non-Recurring Fees when they are incurred.(c) Fee Increases. Recurring Fees and Non-Recurring Fees are collectively referred to as the "Fees" or individually as "Fee". We may increase any or all of the Fees by giving notice to you not less forty-five (45) days prior to the beginning of a Renewal Term applicable to the particular Fee which is subject to increase. Such Fee increase shall be effective on the first day of the applicable Renewal Term. Unless you give notice to Us of your intent not to renew the Services as provided in Section 3, you are deemed to have accepted the increased Fee for the applicable Renewal Term and any subsequent Renewal Terms (unless the Fees are increased in the same manner for a subsequent Renewal Term).5. Payment of Fees. Payment of the Fees shall be made to Us by credit or debit card (the "Card") in United States dollars. You authorize Us or an agent appointed by Us to charge Fees to the Card during the Term. We may charge the Card for (i) Recurring Fees five (5) days prior to or after the Due Date and (ii) Non-Recurring Fees as incurred by you. At Our option, We may abstain from charging the Card until the next Due Date or until the Fees exceed $50.00. Fees paid are nonrefundable. Fees charged but not disputed within sixty (60) days after the date that they are charged are conclusively deemed accurate. You are required to provide Us with changes to billing information, such as credit card expiration and change in billing address. Unpaid Fees shall accrue interest at the lesser of the highest rate allowed by applicable law and 1.5% per month. You agree to pay our reasonable costs of collection of overdue amounts, including collection agency fees, attorneys' fees and court costs. 6. Taxes. You agree to pay to Us all sales, VAT or similar tax imposed on the provision of the Services (but not in the nature of an income tax on Us), regardless of whether We fail to collect the tax at the time the Services are provided. 7. Law/AUP. You agree to use the Services in compliance with applicable law and Our AUP, which is incorporated by reference in the Terms of Service. You agree that We may, in our reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on your use of the Services. Amendments to the AUP are effective on the earlier of Our notice to you that an amendment has been made, or the first day of the next Renewal Term. You agree to cooperate with Our reasonable investigation of any suspected violation of the AUP. In the event of a dispute between the parties regarding interpretation of the AUP, our commercially reasonable interpretation of the AUP shall prevail. 8. Your Information. You represent and warrant to Us that (i) all information you provide for purposes of establishing and maintaining the Services is accurate; (ii) if you are an individual, you are at least eighteen years of age; (iii) you will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and (iv) you will not provide access to the Services to any person (including a natural person or government or private entity) located in or a national of any embargoed or highly restricted country under United States Export Regulations, which include as of September, 2005, Cuba, Iran, Libya, North Korea, Sudan or Syria. You agree that We may, without notice and without liability to you report to the appropriate governmental authorities any conduct by you that We reasonably believe violates applicable law, and provide any information that We have about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.9. Indemnification. You agree to indemnify and hold Us harmless, as well as Our affiliates, and each of the respective officers, directors, agents, partners, shareholders and employees of Us and of our affiliates from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements ("Claims") of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the Services, including without limitation Claims related to Web space content that violates any copyright, trademark or service mark; any proprietary right of any person or entity; and any state and/or federal laws or regulations, including US Export Regulations. 10. Disclaimer of Warranties. WE MAKE ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DO NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. 11. Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, OUR MAXIMUM AGGREGATE LIABILITY, AND THAT OF OUR AFFILIATES, AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, SHAREHOLDERS AND EMPLOYEES OF US AND OF OUR AFFILIATES, UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM. 12. Suspension/Termination. (a) Suspension of Services. You agree that We may suspend the Services if: (i) We reasonably believe that the Services are being used in violation of the AUP; (ii) you fail to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) We reasonably believe that suspension of the Services is necessary to protect Our network or other customers, (iv) as required by a law enforcement or government agency, or (v) if the Card cannot be charged for payment in accordance with Section 5. You agree to pay a reasonable fee for reinstatement ("Reinstatement Fee") following any suspension.(b) Termination by You. The Terms of Service may be terminated by you at any time as long as all Fees then due together with unpaid Recurring Fees for the remainder of the Initial Term or the Renewal Term, as the case may be, are fully paid on the business day following the termination date.(c) Termination by Us. The Terms of Service may be terminated by Us prior to the expiration of the Initial Term or any Renewal Term without liability as follows: (i) upon seventy-two (72) hours notice if you are overdue on the payment of any Fee; (ii) you materially violate any provision of the Terms of Service or the AUP, and fail to cure the violation within ten (10) days after receipt of a written notice from Us describing the violation in reasonable detail in our sole discretion; (iii) upon twenty-four (24) hours notice if the Services are used in violation of a material term of the AUP more than once, or (iv) upon twenty-four (24) hours notice if you violate Section 8 (Your Information).13. Intellectual Property Use and Ownership. Neither party shall (i) use the other party's name, trademarks, trade names or logos in either its own legal name or in any fictitious or assumed name without the party's consent; (ii) knowingly remove or alter any logo, trademark, trade name, copyright, or other proprietary notice, legend, or symbol from any of the other party's products or documentation; or (iii) take any action, or intentionally omit to take any action that would jeopardize, limit, or interfere in any manner with the ownership of the other party's products, services, documentation, or intellectual property. Title to and ownership of all copies of any products, services, software, documentation, or Internet services developed by or for Us during the Term, whether in machine-readable or printed form, and including without limitation any derivative works, compilations, or collective works thereof, and all related technical know-how, and all rights therein (including without limitation rights in patents, copyrights and trade secrets applicable thereto), are and shall remain Our exclusive property and that of Our suppliers. You shall not take any action to jeopardize, limit, or interfere in any manner with the ownership and rights therein.14. Confidential Information. Each party agrees not to disclose or use, and to assure that their employees and agents do not disclose or use any confidential information ("Confidential Information") of the other party. Our Confidential Information is Our unpublished prices for the Services, audit and security reports, server configuration designs, software interfaces and other proprietary technology. Your Confidential Information is content transmitted to or from, or stored by you on servers provided as part of the Services and not placed by you in a publicly accessible area. Confidential Information is also information of a party that is conspicuously marked as "confidential" or if disclosed in non-tangible form, is verbally designated as "confidential" at the time of disclosure and is confirmed as confidential in a written notice given within one (1) day of disclosure. Confidential Information does not include (i) any information which is independently developed by a non-disclosing party as shown by such party's written business records, (ii) is or becomes generally available to the non-disclosing party or the public other than through violation of this Section, or (iii) is required to be disclosed by law or regulation. The parties acknowledge that Confidential Information is valuable, special and unique; that its unauthorized disclosure or use will cause irreparable injury to its owner, that immediate injunctive and/or other equitable relief will be necessary and appropriate to remedy an unauthorized disclosure or use of Confidential Information, and that such relief may include without limitation a temporary restraining order obtained ex parte as well as permanent injunctive relief. Upon termination of the Terms of Service, each party agrees to return within a reasonable period of time any and all Confidential Information and other materials belonging to the other party upon request. This Section 14 will survive the termination of the Terms of Service for a period of two (2) years.15. Back Up Copy. You agree to maintain a current copy of all of your content hosted by Us. 16. Notices. Notices to Us shall be given by means of electronic mail to the e-mail address posted for customer support on [[INSERT YOUR LINK TO AUP]]. Notices to you shall be given via electronic mail to the individual designated as the Primary Contact. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day transmitted. 17. Force Majeure. We shall not be in default under the Terms of Service if the failure to perform is due to any event beyond Our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, failure of network providers, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry. 18. Governing Law/Venue. The Terms of Service shall be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The United Nations Convention on the International Sale of Goods shall have no application to the Terms of Service. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE SHALL BE THE STATE AND FEDERAL COURTS IN BEXAR COUNTY, TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. 21. Miscellaneous. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Neither party has the power or authority to bind the other in any agreement and will not represent to any person that it has such power or authority. The Terms of Service may be amended from time to time by Us, in Our discretion. Amendments to the Terms of Service are effective on the earlier of Our notice to you that an amendment has been made, or the first day of the next Renewal Term. Terms of Service as amended are posted at [[INSERT YOUR LINK TO AUP]]. The terms on any purchase order or other business forms issued by you are not binding on Us. A party's failure or delay in enforcing any provision of the Terms of Service will not be deemed a waiver of that party's rights with respect to that provision or any other provision. A party's waiver of any of its rights under the Terms of Service is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether or not similar in nature. Captions in the Terms of Services are for the convenience of the parties and are not intended for interpretation. The following provisions will survive expiration or termination of the Terms of Service: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination. There are no third party beneficiaries to the Terms of Service. You may not transfer the Terms of Service without our prior written consent. Our approval for any assignment is contingent on the assignee meeting our credit approval criteria. We may assign all or any part of the Terms of Service. This Terms of Service together with the Order Form and AUP (i) constitute a legal and binding agreement between you and Us; (ii) are the complete and exclusive agreement between the parties regarding the subject matter; (iii) supersede and replace any prior understanding or communication, whether written or oral, and (iv) do not benefit any other person or entity.

Privacy Policy

Wednesday, 08 October 2008 12:46 administrator

Privacy StatementYC Designs LLC ("YC Designs") demonstrates its commitment to our customers' privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. YC Designs will never violate that trust.

YC Designs policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, YC Designs's policies and procedures are subject to change.

In the course of serving its customers, YC Designs acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to YC Designs by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by YC Designs in the normal course of providing service.

YC Designs also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. For example, YC Designs uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within YC Designs. In addition, YC Designs may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security

YC Designs will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of YC Designs, its partners, its employees and other customers of YC Designs's services. To protect the loss, misuse, and alteration of information that is collected from customers, YC Designs has appropriate physical, electronic, and managerial procedures in place.

How is customer information used?YC Designs may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. YC Designs may also use customer information to provide its customers with system information or information about new or upgraded products.

We may use third-party advertising companies to serve ads on our behalf. In addition, YC Designs shares its web site usage information about visitors to YC Designs's web sites with third-party advertising companies for the purpose of targeting YC Designs's Internet banner advertisements on YC Designs's sites and other sites. For this purpose, YC Designs and such companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

Opt Out & Modifications

Customers may opt out of receiving notices of new or upgraded products from YC Designs and YC Designs partners by contacting YC Designs. However, customers may not opt out of receiving information from YC Designs which is essential for maintaining or updating customers' accounts or system information.

Domain name customers who have registered a domain name with YC Designs and wish to change the Technical Contact from YC Designs to another company, may send a request to support@YC Designs.com. It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

Disclosure of customer information and communications

YC Designs will not otherwise disclose its customers' personal and account information unless YC Designs has reason to believe that disclosing such information is legal and necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of YC Designs, YC Designs's customers, or others, or where YC Designs has a good faith belief that the law requires such disclosure. YC Designs also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that YC Designs stores or transmits for its customers. The circumstances under which YC Designs will disclose such electronic customer communications are when:

It is necessary in order to provide service to the customer;
It is necessary to protect the legitimate interests of YC Designs and its customers;
It is required to cooperate with interception orders, warrants, subpoenas, or other legal process that YC Designs determines in its sole discretion to be valid and enforceable; and
It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by YC Designs and appear to pertain to the commission of a crime

YC Designs disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. YC Designs will, however, review, delete or block access to communications that may harm YC Designs, its customers or third parties. The grounds on which YC Designs may take such action include, but are not limited to, actual or potential violations of YC Designs's Terms of Service or Acceptable Use Policy.

Recent Projects

Saturday, 27 September 2008 01:52 administrator

Our most recent work includes varying companies, distinct in their design as well as back-end development.

4-V Ranch

Lawncare & maintenance company 4-V Ranch is a small, local client that required a simple site based on their current branding. Their focus is to legitimize their company in the local market as a company that utilizes local resources for their business.

A small business can benefit from an affordable, online solution to provide their customers with company information that sets them apart from their competitors.

The simplicity of this site features their services and aligns them with their local market. See their website.

Favorite Pet Products

Wholesale Ecommerce Website

Favorite Pet Products is a wholesale pet supply company that previously had a simple one page site. They had outgrown their current site and required an e-commerce solution for their retailer customers.

Their site is developed to allow approved retailers to shop their site for pet supply products. As a result, their retailers can now place orders for their products easily online.

The capabilities of their new site makes the ease of e-commerce for the wholesale industry. See their website.

Pacific Spice Restaurant

Restaurant Website

Pacific Spice Restaurant's outdated website needed a re-design that featured their menu offerings at multiple locations. Their goal was to have a website that promoted their menu.

This restaurant website offers a classic, upscale feel, with an image gallery to feature their locations. Easy to find directions and prominent contact information were important factors to consider.

The design of this site allows them to stand out from other local offerings to their potential customers. See their website.

Vera's Attic

Vera's Attic is a pet portrait company that needed a website and company image campaign. Their site is a small gallery of original paintings of beloved pets and other portrait offerings.

As an artist, the look and feel of the site was a priority and the project displayed a simple, yet beautiful design to feature original artwork.

A company website validates their work to potential clients and features their works of art. See their website.

Global Specialty Foods

E-commerce Solution

Global Specialty Foods is a wholesale gourmet foods company who's website was outdated and in need of a redesign.

Their goal was to create a website that was easy to update and dynamic. It was important to them that they have a site that offers their retailers and sales reps a way to order their gourmet food products online as well as a way to feature their vendor brand products.

This website met all of their needs and requirements within their budget and allows them to offer their products to their retailers online. See their website.

Kendall Communications

Ad Agency Website

Kendall Communications is a media planning and buying agency. Their website offers potential clients a brief summary of the company.

Designed in Flash, this website features the company in a bright and lively way. Pink is the primary color of their corporate identity and that was their choice of color for their website design.

This agency website focuses on client testimonials and services to promote their company to future clients. See their website.

Last Updated ( Sunday, 28 September 2008 02:08 )

At YC Designs, we believe in making our clients feel at ease with their web design choices. YC Designs is a professional web development and design company servicing small to medium sized companies. As more consumers use the internet to gather information on purchases, business solutions, and retail offerings, having the right image online has become vital to a company's success. Whether your goal is to create a web presence, renovate your current website, update your corporate image, or promote your business, YC Designs can help.

Working with a good website design company can make all the difference in the world when it comes to launching your business online. But with thousands of web design services in the market place it can be difficult to know which firm truly provides an excellent service at an excellent price. That's why we believe in providing you with the knowledge you need to make the right choices when it comes to your web design.

Online Business Solutions that Deliver Results!

We are capable of handling projects ranging from basic informational sites to complex Internet-based business solutions for your small to medium sized business. We offer personalized service to ensure open communication throughout your project from beginning to end. With YC Designs, your web design project is completely customized to your needs and specifications.

While the core of our business is web design and development, we create professional designs, produce interactive marketing campaigns with measurable results, and build web applications that work seamlessly with your goals.

At YC Designs, our focus is on your business needs. We design many types of websites and have packages to meet everyones needs -- from a basic template, to a complete state-of-the-art website with interactive capabilities.

YC Designs