For customers utilizing website hosting, website development, or other services provided by
Lucas Design Studios/Lucas Design Studios, LLC.
Following are terms of services for website hosting, domain registration, and website development services provided by Lucas Design Studios (“Lucas Design Studios). The customer shall provide billing address and any other information necessary for Lucas Design Studios to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Lucas Design Studiosand provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.
01Website Hosting Payment Terms:
Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due by the 15th of the current month’s hosting service. Termination of Website Hosting Services with Lucas Design Studios requires a 30-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through Lucas Design Studios, their domain name registration will expire with their hosting service. Lucas Design Studios reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. Lucas Design Studios reserves the right to cancel hosting service at any time.
02Website Hosting Pre-Payment Terms:
Lucas Design Studios may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
03Website Development Payment Terms:
Lucas Design Studios requires a minimum of 5% down payment on all website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at Lucas Design Studios’s discretion. The final balance is due 15 days from completion of website development project. If Lucas Design Studios is developing a website that is not also hosted by Lucas Design Studios, final payment for the project must be received prior to project launch or relinquishing ownership to customer. Should a development project span more than 75 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 75 of development. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.
04General Payment Terms:
Payment is due 15 days after the date of an invoice for all services. Accounts are in default if payment is not received 30 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 60 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $1.00 or 1.5% per month on the outstanding balance, whichever is greater. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay Lucas Design Studios its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms of Service Agreement/Terms and Conditions.
The customer is responsible for all content posted or stored on their web hosting space. Lucas Design Studios exercises no control over the content or information contained on the servers used for hosting. Lucas Design Studios will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Lucas Design Studios is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Lucas Design Studios provides or the software used by the customer.
Lucas Design Studios is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Lucas Design Studios immediately via e-mail or telephone.
Lucas Design Studios Web Design’s corporate office is located in Anoka, Minnesota. This agreement will be performed in and governed by the laws of the State of Minnesota. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Lucas Design Studios reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
09Third Party Networks:
Any access to other networks connected to Lucas Design Studios Web Design’s network must comply with the rules appropriate for that other network.
10Disk Storage and Bandwidth:
Lucas Design Studios will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Lucas Design Studios will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, Lucas Design Studios shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Lucas Design Studios(email@example.com or 919-585-7200) to discuss options for increased disk storage.
All services provided by Lucas Design Studiosmay be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.
Lucas Design Studiosprohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting Warez websites, pornography. The customer agrees to indemnify and hold Lucas Design Studiosharmless from any claims resulting from his/her use of Lucas Design Studios Web Design’s services that damage the customer or another party. Use of Lucas Design Studios Web Design’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Lucas Design Studios any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
12Adherence to Proposal:
It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Lucas Design Studios. Should services or resources fall above the scope of the original proposal, Lucas Design Studios reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Lucas Design Studios’s discretion.
It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Lucas Design Studios will result in delay of project, or risk putting the project on hold. Lucas Design Studios may invoice customer for additional resources should the delay of a project interrupt Lucas Design Studios’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
To prevent malware installation on our servers, full administrative access to a WordPress installation on Lucas Design Studios’ hosting services will not be granted to customers. Customers may request access to specific features of a website, and access may be granted at Lucas Design Studios’ discretion.
15Website Go Live and Training:
A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, Lucas Design Studios may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide Lucas Design Studios with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Lucas Design Studios’s discretion. Once a project is complete, all changes requested will fall under Lucas Design Studios’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by Lucas Design Studios.
Lucas Design Studiosrequires a 30-day notice prior to canceling a website hosting account. You will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.
Legal Terms and Conditions
These Legal Terms and Conditions apply to the entire lucasdesignstudios.com Web site and all portions of the site contained therein (excluding links to other Web sites as provided below), including, but not limited to, the Lucas Design Studios, and lucasdesignstudios.com Worldwide portions of the company Web site. These Legal Terms and Conditions shall apply to any future portions of the Lucas Design Studios Web site (excluding links to other Web sites as provided below) unless otherwise stated.
USE OF THIS WEB SITE
Use of this Web site and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this Web site constitutes your full acceptance of these Legal Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web site in any manner that could damage, disable, overburden, or impair any lucasdesignstudios.com server, or the network(s) connected to any lucasdesignstudios.com server, or interfere with any other party’s use and enjoyment of the Web site. You may not attempt to gain unauthorized access to any computer systems or networks connected to any lucasdesignstudios.com server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site. lucasdesignstudios.com makes no representation that the Web site is appropriate or available for use in locations outside the United States, and accessing the Web site from territories where such content is illegal is prohibited. Those who choose to access this Web site from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.
You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify lucasdesignstudios.com of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.
LINKS TO OTHER WEB SITES
Copyrights: lucasdesignstudios.com is the owner or licensee of all copyrights in and to the content on this Web site, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this Web site; and (ii) the design, selection and arrangement of this Web site. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Web site and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the Web site solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with lucasdesignstudios.com or its licensors. lucasdesignstudios.com and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Web site for any purpose not expressly authorized herein without the prior written permission of lucasdesignstudios.com or its licensors is forbidden.
Trademarks: All trademarks, service marks, trade names, logos, and other designations (collectively the “Marks”) are the sole property of lucasdesignstudios.com or other third parties that have granted lucasdesignstudios.com the right and license to use such Marks. Nothing contained on this Web site should be construed as granting any license or right to use any such Marks without the written permission of lucasdesignstudios.com or such third party that may own the Marks displayed.
Your Information: We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Web site by you and all information provided by you in any manner consistent with our Privacy Statement. Click here to read our Privacy Statement, which is incorporated into these Legal Terms and Conditions by reference.
TYPOGRAPHICAL OR OTHER ERRORS
While lucasdesignstudios.com takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. lucasdesignstudios.com does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While lucasdesignstudios.com makes reasonable efforts to prevent unauthorized tampering with the Web site, lucasdesignstudios.com does not guarantee that its efforts will always be successful. Therefore, as set below, lucasdesignstudios.com does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.
DISCLAIMER OF WARRANTIES
LUCASDESIGNSTUDIOS.COM MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. lucasdesignstudios.com PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER, LUCASDESIGNSTUDIOS.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. lucasdesignstudios.com SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
lucasdesignstudios.com makes no representation that the Web site or its contents are appropriate for use in every country of the world. Your use of this Web site is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the Web site may not be legal by certain persons or in certain jurisdictions.
Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
Use of the lucasdesignstudios.com Web site or any software application installed by you in connection with the use of this Web site, is at your sole risk. While lucasdesignstudios.com makes reasonable efforts to ensure the safety and functionality of our Web site and any software applications associated with its Web site, these efforts may fail and errors may occur. IN NO EVENT SHALL LUCASDESIGNSTUDIOS.COM OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. LUCASDESIGNSTUDIOS.COM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF LUCASDESIGNSTUDIOS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LUCASDESIGNSTUDIOS.COM LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO lucasdesignstudios.com FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
FORWARD LOOKING STATEMENTS
THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY LUCASDESIGNSTUDIOS.COM ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND AVAILABLE THROUGH lucasdesignstudios.com WEBSITES MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS “MAY,” “COULD,” “EXPECT,” “ANTICIPATE,” “INTEND,” “BELIEVE,” “PLAN,” “ESTIMATE,” “FORECAST,” “PROJECT,” “ANTICIPATE,” OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF. THE COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN. THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON THEN-CURRENT EXPECTATIONS OF MANAGEMENT. ALL FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE. FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS AND UNCERTAINTIES THAT MAY CAUSE OUR ACTUAL RESULTS, PERFORMANCE AND ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER “RISK FACTORS” DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE SECURITIES AND EXCHANGE COMMISSION. THE COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE BEYOND THE COMPANY’S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless lucasdesignstudios.com and its affiliates, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.
lucasdesignstudios.com shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which lucasdesignstudios.com determines in its sole discretion to be unacceptable.
CHOICE OF LAW AND FORUM
These Legal Terms and Conditions shall be governed by and construed in accordance with the laws of the state of North Carolina, without regard to such state’s rules regarding conflicts of laws. By accessing this Web site, you agree that courts located throughout the state of North Carolina or in the counties within those federal judicial districts shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Legal Terms and Conditions and/or your use of this site, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.
A printed version of these Legal Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Legal Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, lucasdesignstudios.com records shall be conclusive in all respects.
INTEGRATION AND SEVERABILITY
These Legal Terms and Conditions constitute the entire agreement between you and lucasdesignstudios.com with respect to this Web site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and lucasdesignstudios.com with respect to this site. If any part of these Legal Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Addendum October 2016:
All prices subject to change without notice. No merchandise or services is sold on a trial or approval basis. Merchandise or Services will not be accepted for credit after 30 days from date of invoice unless permission for return has been granted in writing.
For any questions or comments please contact:
Keith Lucas, Owner