Terms Of Service


All Graphic Design and Web Design & Development services provided by Northwoods Web Designs LLC are subject to the following terms and conditions and Acceptable Use Policy. In addition to this document, please see our Privacy Policy.
 

Northwood’s Web Designs LLC provides the following terms of service. This document outlines the terms and conditions of Northwood’s Web Designs LLC's services and the obligation of you (the Client) and Northwood’s Web Designs LLC. Please review this document carefully before requesting Northwood’s Web Designs LLC's services.

 

General Information
Northwood’s Web Designs LLC provides its computer consulting services (Service) to you, subject to the following Terms of Service ("TOS"). The TOS may be updated at any time without notice to you. You understand and agree that the Service is provided "AS-IS" and that Northwood’s Web Designs LLC assumes no responsibility for the errors, omissions, or other problems related to the Service. You agree that Northwood’s Web Designs LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Northwood’s Web Designs LLC's website or services.

 

Duties of Client
Client must supply to Northwood’s Web Designs LLC at the time of entering this Agreement information required to access and complete the services in this Agreement. This includes but is not limited to,  completion of authorization statement, password and other information required to complete services. Client shall inform Northwood’s Web Designs LLC of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other reasons why the server may not be of a standard configuration or otherwise interfere with services to be performed by Northwood’s Web Designs LLC.

 

Web Hosting Services

For the term of the agreement as set forth herein Northwoods Web Designs agrees to provide Web Hosting Services according the plan selected by you upon activation of your account. Northwoods Web Designs reserves the right to change, amend and otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Northwoods Web Designs website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the Northwoods Web Designs Website located at www.northwoodswebdesigns.com. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.

 

Acceptable Use

Northwoods Web Designs strictly enforces compliance with its Acceptable Use Policy which may be found on the Northwoods Web Designs Website located at www.northwoodswebdesigns.com. The terms of the Acceptable Use Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your website in full compliance with the terms of the Acceptable Use Policy. Failure to so comply is cause for immediate suspension and termination. Northwoods Web Designs reserves the right to refuse to provide service to anyone at their sole option.

 

Term

The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of all the presently available plans is available on the Northwoods Web Designs website located at www.northwoodswebdesigns.com.

 

Suspension and Termination

Suspension - At the sole option of Northwoods Web Designs for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payments or fees or any violation of the Northwoods Web Designs Acceptable Use Policy, Northwoods Web Designs may suspend your account by deactivating any access by you and by web users to any information contained on the Northwoods Web Designs servers related to your account while maintaining the information and data related to your account upon the Northwoods Web Designs servers. Suspension shall specifically include the disabling of your hosted domain and any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of Northwoods Web Designs you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated.

 

Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

 

Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Northwoods Web Designs servers. Such information or data may or may not be made available to you by Northwoods Web Designs after any such termination. This agreement may be terminated either (a) after a period of suspension or (b) except as otherwise stated herein by either party upon 7 days notice in advance of a renewal period for any reason.

 

Information Usage and Communication

You hereby consent and agree that as to any information which Northwoods Web Designs may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Northwoods Web Designs concerning you or your account, or other information which in Northwoods Web Designs sole judgment is reasonable, Northwoods Web Designs may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Northwoods Web Designs and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Northwoods Web Designs Terms of Service or other policies.

 

During the term of this agreement you agree to receive periodic emails, telephone calls, or SMS messages concerning your account, system conditions, changes, updates and schedules.

 

You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Northwoods Web Designs specifically including your Name, Address, email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and termination as set forth in paragraph seven (7) herein.

 

You agree to the terms of the Northwoods Web Designs Privacy Policy located at www.northwoodswebdesigns.com.

 

Warrantees and limitations

Northwoods Web Designs reserves the right to take up to 48 hours to provision a VPS and seven full business days to provision a dedicated server in the event that there is a lack of available resources. Northwoods Web Designs makes every reasonable effort to maintain operation of the Northwoods Web Designs service; however, because many events and circumstances are beyond the control of Northwoods Web Designs, Northwoods Web Designs does not in any way warrant or otherwise guarantee the availability of the Northwoods Web Designs system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Northwoods Web Designs.

 

THE NORTHWOODS WEB DESIGNS SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

Refusal of Service
Northwood’s Web Designs LLC reserves the right to refuse service for any reason. At any time, Northwood’s Web Designs LLC reserves the right to restrict access to any company-owned resources, including email systems, help desk, web site or other property.

 

Free Transfer Of Website

When signing up for new hosting services we will transfer your website. If we are not able to transfer your website for free due to complexity or other requirements, we will let you know ahead of time, give you an estimated cost and offer a free refund if you choose not to transfer.

 

Confidential Information
Northwood’s Web Designs LLC will not use or disclose to others without Client's written consent Client's confidential information, except when reasonably necessary to perform the services under this Agreement. "Confidential information" includes, but is not limited to:

 

  • the written, printed, graphic or electronically recorded materials furnished by Client for use by Northwood’s Web Designs LLC
  • Client's business plans, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind
  • any written or tangible information stamped "confidential," "proprietary" or with a similar legend, and
  • any written or tangible information not marked with a confidentiality legend, or information disclosed orally to Northwood’s Web Designs LLC, that is treated as confidential when disclosed and later summarized sufficiently for identification purposes in a written memorandum marked "confidential" and delivered to Northwood’s Web Designs LLC within 30 days after the disclosure.
  • Northwood’s Web Designs LLC shall not be restricted in the use of any material which is publicly available, already in Northwood’s Web Designs LLC 's possession or known to Northwood’s Web Designs LLC without restriction, or which is rightfully obtained by Northwood’s Web Designs LLC from sources other than Client.
  • Northwood’s Web Designs LLC's obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of Client about whom Northwood’s Web Designs LLC may have gained knowledge as a result of Northwood’s Web Designs LLC's services to Client.
  • Northwood’s Web Designs LLC will not disclose to Client information or material that is a trade secret of any third party.
  • the provisions of this clause shall survive any termination of this Agreement.
  • please see our privacy and non-disclosure policies for additional information.

 

Feedback and Marketing Information
Northwood’s Web Designs may contact you with regards to our products and services, company news or other items relating to your services. We try to limit such communications to within 90 days of your service date. Northwood’s Web Designs may contract third parties to solicit feedback or information on our behalf. Your information will not be sold to these parties and they cannot contact you without our permission. By using our services, you agree to receive these email, telephone or mail notifications.

 

Liability
YOU UNDERSTAND AND AGREE THAT Northwood’s Web Designs LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Northwood’s Web Designs LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

Copyright, Trademarks Service Marks
Northwood’s Web Designs LLC, the Northwood’s Web Designs LLC logo, other Northwood’s Web Designs LLC logos and product and service names are trademarks/servicemarks of Northwood’s Web Designs LLC. Northwood’s Web Designs LLC does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Northwood’s Web Designs LLC reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
Northwood’s Web Designs LLC reserves all rights to work product. Work product includes, but is not limited to, the programs and documentation, including all ideas, routines, object and source codes, specifications, flow charts and other materials, in whatever form, developed solely for Client. Client agrees that Northwood’s Web Designs LLC shall retain any and all rights Northwood’s Web Designs LLC may have in the work product. Work product includes all postings in our help desk system. All content of the help desk, including client postings, are the work product of Northwood’s Web Designs LLC.
The use of the Northwood’s Web Designs LLC name, logo, or other identifying features is prohibited. If you wish to use the Northwood’s Web Designs LLC name or logo, please contact Northwood’s Web Designs LLC for permission.

 

Warranty
THE SERVICE PROVIDED BY Northwood’s Web Designs LLC IS ON AN "AS IS" BASIS, AND Northwood’s Web Designs LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL Northwood’s Web Designs LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.

 

Scope of Agreement
The TOS constitute the entire agreement between you and Northwood’s Web Designs LLC and governs your use of the Service, superseding any prior agreements between you and Northwood’s Web Designs LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Northwood’s Web Designs LLC shall be governed by the laws of the State of Florida and the United States of America without regard to its conflict of law provisions. The failure of Northwood’s Web Designs LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.

 

Payments
Payments for hosting services are completed monthly or annually. Default payment is set to annually.

 

Pay Monthly Website Plans:

Rights to the website are relinquished upon cancellation unless otherwise purchased.  A buyout can be requested and is based on the complexity of the original build and time services have been provided.

 

Website Packages:

Payments for purchases of a Website Package made online require full payment. After 12 months hosting services will occur. Our billing system will automatically send out payment reminders when those come due, 14 days before payment date is required. Default term for hosting is annually. Payments can be made online using PayPal (Credit Card) or check via mail written out to Northwoods Web Designs and sent to 7547 Ashlynn Court, Rhinelander WI 54501.

 

Cancellation > Web Hosting

Client can cancel their hosting with Northwoods Web Designs by giving a 30 day notice and written/or emailed statement they would like to cancel. If they have paid in advance for future months, they will be refunded by the following calculation (Months paid in advance subtracted from current month)

 

Refunds 

Refunds are subject to approval by Northwoods Web Deisgns on a case by case basis. If a refund is deemed appropriate, then Northwoods Web Designs will credit your account or refund through PayPal.