The following tasks shall be completed by the Client:
The following tasks shall be completed by Foxstone:
Content Copyrights and Trademarks.
The Client unconditionally guarantees that all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Foxstone Industries 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, indemnify and defend Foxstone Industries and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Web Design Project Copyright.
Copyright to the finished web design site produced by Foxstone will be owned by the Client upon project completion and final payment. This includes custom graphics, animations, logos, site design, and custom programming.
Foxstone and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios.
The client retains the right, as long as their account is in good standing, to terminate the Hosting Agreement with Foxstone and to move the entire website, graphics, database, and supporting programs to an alternate vendor of their choosing at any time.
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 or any other services contemplated herein, and will hold harmless, protect, and defend Foxstone and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Acceptable Use Policy
On Web Sites hosted by Foxstone, the Client agrees conduct their web activities in concert with the Acceptable Use Policy as posted on the Foxstone website.
Payments must be made promptly based on the terms of this Web Site Design Project. Foxstone reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Foxstone. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Maricopa County, Arizona, and any dispute will be litigated or arbitrated in Maricopa County, Arizona and the Client hereby consents to the personal jurisdiction of the Arizona State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.
Month by month hosting charges are not subjuct to refund any circumstances. Cancellation of service or transfer to alternate hosting of quarterly, semi-annual, and annual pre-paid accounts qualify for refund for all pre-paid months excluding the current month.
Product Delivery and Shipping.
Product delivery is provided via normal web browsing in the browser of the member's choice. At this time Foxstone Industries will not be delivering any physical product.
Foxstone has a policy to respect and protect the privacy of its customers and their information that is stored with Foxstone. Foxstone will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the Foxstone Services, to operate or maintain its systems or to protect itself or its customers.
Notwithstanding anything to the contrary contained in this contract, neither Foxstone nor any of its employees or agents, warrants 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 Foxstone 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, even if Foxstone has been advised of the possibility of such damages.