YourSite2: Home of the $99 custom websites. We also do dynamic websites, and software development

These Terms of Service ("TOS") constitute a binding legal contract. Once you sign up you will be bound to these terms. Please make sure you have read and understand them. The contract ("Agreement") is between Demarkos Internet Solutions (hereafter referred to as “Demarkos LLC) and the user of our services (hereafter referred to as “client”,” you," "user" or "customer") and covers our relationship and business dealings including the use of any related products or services ("Service"). You can not sign up unless you are 18 years old or older.

1. Authorization
The client is engaging Demarkos LLC as an independent contractor for the specific purpose of designing and/or improving a website, to be published on the client's account on an Internet Service Provider (ISP), or "hosting service". The client hereby authorizes Demarkos LLC to access this account, and authorizes the hosting service to provide Demarkos LLC, with full access to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement. The client also authorizes Demarkos LLC to submit the completed web design project to major web search engines.
2. Development

Once Demarkos receives Website Design form from customer All sales are Final. Due to the digital nature of this business, no refunds will be given. There are no exchanges or refunds for any reason.
On $99 Custom Websites, Demarkos will provide 4 pages plus 1 Contact US page. We will edit the page buttons to client’s specified request. We will add the text that client provides to us into these pages. We do not edit this text for content, grammar, or any other corrections. Additional pages and services are available at extra costs.
$99 custom websites are usually completed within 3-5 working days, but no longer then 30 days depending on the volume of orders at any given time. Once we have your information we will then contact you once your design is installed or if we need any further information.
Developed websites are sold as is.
DEMARKOS LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER.S REQUIREMENTS.

3. Copyrights and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Demarkos LLC for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Demarkos LLC from any claim or suit arising from the use of such elements.
4. Credit and Link Back
All website designs by Demarkos LLC require a text link back to Demarkos LLC unless other agreements have been made to remove the link.. The client unconditionally guarantees that links back to Demarkos LLC will remain in place until such time as that website design is not longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract. You cannot claim our work as your own. If our link is removed without our knowledge and consent, we have the right to insist that the design be removed from the Internet.
5. Payments
Full payment of $99 is required for our $99 Custom Websites. For Dynamic Websites, An initial, non-refundable 25% deposit is required to hold your place on the waiting list. 50% of the total project cost is due at the start of the project, with the remaining balance due upon acceptance of the design/layout.
6. Completion Date
For $99 Website orders: Demarkos LLC and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project within 3-5 business days but no later than 30 days after client has submitted all necessary materials. If the client does not supply Demarkos LLC with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the contact is void and any payments are forfeited.

For Dynamic Website Design Orders: Demarkos LLC and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design. Project completion time will vary to complexity of project. Any completion time will be stated separately on Dynamic Website contract form. If the client does not supply Demarkos LLC with complete content for the project within 30 days after receipt of order, the contract will then be void and any deposits and payments are forfeited.

7. Project Delivery
The final $99 website design project will be published to the our hosting service upon receipt of full payment. The client understands that hosting services are free for the first month, but start at $5.00/month after this first month. Further, the client will be solely responsible for any and all hosting service charges. PLEASE NOTE: IF YOU ARE HOSTING YOUR SITE WITH US, YOU MUST AGREE TO THE TERMS OF SERVICE FOR HOSTING WHICH ARE INCLUDED WITH THIS TOS.

8. Support and Communication
You will receive e-mail support for 10 days after your site has been turned over to you. I encourage you to use this time to load your products and process several test orders to become familiar with the functionality of your site. After 10 days, there may be a charge for hourly support depending on the frequency and complexity of your questions. Please note that all of our communication will be through e-mail.

9. Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design project and will hold harmless, protect, and defend Demarkos LLC from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the client's exercise of Internet electronic commerce.

10. Website Design Project Copyright
Demarkos LLC will own copyright to the finished web design site produced by Demarkos LLC. The client will be assigned rights to use the web design project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners unless the Client purchases the copyright licence to use the graphics for their business or to alter the design. Demarkos LLC retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.

11. Legal Notice
Notwithstanding anything to the contrary contained in this contract, Demarkos LLC cannot warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Demarkos LLC be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software.

12. Charge backs
Demarkos LLC will not negotiate charge backs with any person or company. Charge backs are NEVER acceptable means of attaining a refund. To request a charge back on your credit card for a valid transaction is considered fraud. Fraudulent credit card charge backs will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a charge back be filed against Demarkos LLC, we will not hesitate to proceed with collection and legal action to recover funds.

13. Non-Communication
If Demarkos LLC is unable to communicate with a client on a project for a duration of fourteen (14) days by email during the design and development process, the project will be cancelled without prior notice and any monies paid will be forfeited to Demarkos LLC.

14. Acceptance
Please note that by submitting your payment for my services you are agreeing to all of the terms of service as written here. Demarkos LLC reserves the right to change or update these terms at any time without prior notice.

15. Website Tweaking after completion
On our $99 Custom Websites, once we receive Website Design Form from the client, we will paste the text as the client has written it. We do not edit for content, grammar, or any other corrections. It is the client’s responsibility to make sure the text is properly worded and edited. We will edit the site one (1) time within 14 days of client receiving finished website to correct any basic layout issues. Any more changes or advanced layout changes will incur additional charges.

Developed Websites are sold as is. No additional service is provided unless agreed upon at time of purchase and listed on purchase agreement.

Dynamic Websites are built to clients request. Any specific information will be including on Dynamic Website Contract form.

16. INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Demarkos LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Demarkos LLC, 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 Demarkos LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Demarkos LLC; (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 Demarkos LLC's server.

DEMARKOS LLC SERVICES ARE PROVIDED "AS IS". DEMARKOS LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER.S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, DEMARKOS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DATA OR INFORMATION. NEITHER DEMARKOS LLC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO DEMARKOS LLC'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF DEMARKOS LLC'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY DEMARKOS LLC OR DEMARKOS LLC'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

If Customer is hosting their website with Demarkos LLC, they must also agree to the following “Terms of Service for Hosted Sites” as part of acceptance of TOS:
Terms of Service for Hosted Sites:
1.) Account Setup / Email on file
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 dedicated server purchases or 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, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
2.) Content
All services provided by Demarkos LLC may only be used for lawful purposes. The laws of the State of Georgia, and the United States of America apply.
The customer agrees to indemnify and hold harmless Demarkos LLC from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email support@DemarkosInternetSolutions.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:

Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PPBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro

Demarkos LLC services, including all related equipment, networks and network devices are We reserve the right to refuse service to anyone. Any material that, in Failure to respond to email from our abuse department within 48 hours may If in doubt regarding the acceptability of your site or service, please Potential harm to minors is strictly forbidden, including but not limited Any site found to host child pornography or linking to child pornography Direct customers: Your services will be terminated with or without Violations will be reported to the appropriate law enforcement It is your responsibility to ensure that scripts/programs 3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. Demarkos LLC reserves the right to require changes or disable as necessary Demarkos LLC reserves the right to charge the holder of the account used 4.) Payment Information
You agree to supply appropriate payment for the services received from Cancellations must be done in writing via email at support@demarkosinternetsolutions.com and we will be happy to assist you.
to child pornography or content perceived to be child pornography (Lolita):
will be suspended immediately without notice.
notice.
agency.
installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Demarkos LLC.
Demarkos LLC, in advance of the time period during which such services are provided. You agree that until and unless you notify Demarkos LLC of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account is suspended, invoices will not automatically be generated. However, after the customer notifies Demarkos LLC of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
rt@demarkosingternetsolutions.com">support@demarkosingternetsolutions.com Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. An employee will confirm your request (and process your cancellation) shortly thereafter. We require that cancellations of service are done this way (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
payment information is up to date, and that all invoices are paid on time. Demarkos LLC provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Demarkos LLC for services rendered. Access to the account will not be restored until payment has been received.
failure to notify a customer about a domain's renewal.
any other charges at anytime.
to you as a courtesy. Demarkos LLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Demarkos LLC servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Demarkos LLC.
access to the account at any time with or without notice.
result in the suspension or termination of your services.
software, or domain name purchases.
had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
policy.
numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
the server. This includes any and all daemons, such as IRCD.
shared servers.
network.
torrents off-site, but may not host or store them on our shared servers.
etc
include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
our off site weekly backup with the the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth 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.
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resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
We reserve the right to change prices listed on Demarkos LLC.com, and the right to increase the amount of resources given to plans at any time.
harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Demarkos LLC, 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 Demarkos LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Demarkos LLC; (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 Demarkos LLC's server.
suffer. Demarkos LLC makes no warranties of any kind, expressed or implied for services we provide. Demarkos LLC 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 Demarkos LLC and its employees.
agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
to time. Notices will be considered given and effective on the date posted on Demarkos LLC website (currently located at: http://www.demarkosinternetsolutions/order/terms_of_service.php). Such changes will become binding on Customer, on the date posted to the Demarkos LLC website and no further notice by Demarkos LLC is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service