Terms & Conditions of Service

Tampa Creative strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Tampa Creative members and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any service is rendered, which includes setup fees, membership fees, domain names, renewals, and design services. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, one year) following the date the account was established. Billing will continue until you cancel your membership. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. We do not provide refunds for prepaid services for any reason, even if a portion of the service is unused or services are terminated early. If cancellation is done by Tampa Creative due to restrictions violation, there will be no refund. Tampa Creative will only allow for the discount if cancellation is not the fault of the client, as determined by Tampa Creative. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Tampa Creative reserves the right to change prices at any time.

Account Cancellation

You may cancel at anytime. To cancel your account, please contact Customer Service at . Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's responsibility to secure email confirmation from Tampa Creative that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Indemnification Policy

You agree to use all Tampa Creative services and facilities at your own risk. Tampa Creative specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Tampa Creative be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Tampa Creative harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tampa Creative, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Tampa Creative against liabilities arising out of:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Tampa Creative's server;
  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 customer from Tampa Creative's servers.

Tampa Creative shall be the sole judge of what violates this Policy.

Tampa Creative reserves the right to monitor any and all communications through or with our facilities. You agree that Tampa Creative is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

SPAM Policy

Tampa Creative is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Tampa Creative network, by customers or any other users of the Tampa Creative network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the Tampa Creative server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of USENET groups, posting obscene or threatening messages while using or referring to a Tampa Creative email address or web site URL is prohibited. The use of Tampa Creative servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500.

All e-mail sent through our service must adhere to the following general guidelines, regardless of liberties granted by your ISP or current SPAM legislations:

If you have any complaints or comments regarding Spam on our network, please direct them via email to .

Content Policy

All services provided by Tampa Creative may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Tampa Creative from any claims resulting from the use of the service which damages the subscriber or any other party.

Clients retain ownership of all textual content, images, logos, and data supplied by them to the Tampa Creative production staff. Additionally, any graphical or textual work that is performed for clients also remains property of the client upon final approval and settlement of all outstanding balances. The exception to this is template designs created under our discounted CMS programs. Clients are granted a limited license to utilize designs created by Tampa Creative on the Tampa CMS Platform. In order for a client to utilize the design in another hosting environment, the design rights must be purchased at the NonCMS price.

Tampa Creative always retains ownership of any server-side and client-side programming that is implemented for all clients using our platform, even if a fee was paid to perform the modifications to our platform.

In the event of account suspension, Tampa Creative is not responsible for supplying or retaining copies of any text, images, logos, or data owned by the client. Any available client-owned artifacts can be provided by Tampa Creative upon settlement of all outstanding balances for the current standard hourly fee.

It is the sole responsibility of Tampa Creative clients to obtain and/or verify licensing for all images and graphics used on their websites, even if the images were provided by the Tampa Creative production staff. Tampa Creative reserves the right to use legitimate royalty-free images from any source to deliver designs, revisions, or concepts. If preview images are used from stock photo agencies, the client is still responsible for obtaining and/or verifying the licensing for each photo and/or graphic. Tampa Creative does not assume responsibility nor liability for trademark infringement fees assessed for violation of image licensing by our clients. Additionally, work performed for clients using unlicensed images and photos does not imply participation in the act of trademark infringement. We assume that any client-provided or client-approved images are legitimately licensed by the time the client uses the images publically.

Pornography and sex-related merchandising is prohibited on all Tampa Creative servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Tampa Creative will be the sole arbiter in determining violations of this provision.

Tampa Creative also prohibits the use of images or media that contain sexually explicit content, child pornography, non-artistic/clinical nudity, profanity, or racist rhetoric. Tampa Creative will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Tampa Creative servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Tampa Creative does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. No refund, even for pre-paid service, is given in this case.

Tampa Creative will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy

Tampa Creative may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. "Safe-lists" are also strictly forbidden.

Scripting Policy

Each account comes with the entire suite of Tampa CMS Platform features. You may not upload or install any CGI, ASP, or PHP scripts. Custom programming services are available through Tampa Creative.

Chat Policy

Tampa Creative provide java-based chatrooms running off of our servers. You can however link your site to another chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

Traffic Policy

Tampa Creative allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. You may not use your standard Tampa Creative account to offer access to such files or functionality since we offer add-on services to provide for higher bandwidth needs. Tampa Creative customers are discouraged from storing any files that cause excessive traffic on Tampa Creative servers. Please contact Tampa Creative Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Tampa Creative or any other Internet servers will result in immediate account deactivation without prior notice. No refund, even for pre-paid service, is given in this case.

All account plans come with an "unlimited" traffic allowance. However, sites transferring more than 1 gigabyte per month will be reviewed. If your website uses more than 10 gigabytes per month, you will be required to move to a dedicated server solution, available by request. We monitor all accounts and bill $300.00 for each 1 GB of burstable bandwidth.

Inactive / Abandoned Project

Client projects that are placed on hold or suspended for any reason and projects considered abandoned due to non-communication from the client are automatically closed and cancelled by Tampa Creative after ninety (90) days of inactivity from the date of the client’s last written communication specifically about the project in question. Projects closed under this policy will not be refunded. Clients may repurchase services that were closed at the current client pricing for the desired services regardless of the original purchase price of the services.

Technical Support

We provide technical support as standard part of our service. Support is provided via our online Message Center and Support Center as an unlimited resource for our clients. We also extend courtesy phone support on an as-needed basis. However, Tampa Creative reserves the right to refuse phone support to any client who overutilizes our staffing resources. Clients may purchase additional phone support if their need for phone support exceeds a threshold of forty five minutes or three non-critical incidents per month. Critical incidents are defined as outages or software errors.

Quote & Special Promotions

Written quotes for products and services provided by Tampa Creative are valid for a period of thirty (30) days. Quotes automatically expire without notice at midnight of the thirty first day. Promotional pricing is only valid during the stated date range of the promotion and automatically expire at midnight of the day after the last day of the promotion.

Backups

Full backups are made weekly, and backups of new/changed web data made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for web server restoration purposes only. It is the client's responsibility to maintain local copies of their web content or any other information. If loss of data occurs due to an error of Tampa Creative, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Tampa Creative will attempt to recover the data from the most recent archive for a $50.00 fee. We do not back up e-mail data stored in POP accounts. POP service is intended for use in conjunction with a desktop e-mail reader, such as MS Outlook. Client should never use our e-mail server to store e-mail.

Tampa Creative reserves the right to amend our Terms and Conditions at any time and without notice.

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