Terms and Conditions
This terms of service policy constitutes a legal agreement between you and Island Internet Presence Consulting, LLC, dba Whidbey Web Design; A website development and design firm and website hosting reseller. The terms of service may be updated by Island Internet Presence Consulting, LLC as we deem necessary. It is your responsibility to make sure all use is in accordance with this policy. This policy is updated from time to time and it is your responsibility to review the policy periodically: at least on an annual basis.
You understand that the hosting service does not include any live, email or other FREE support other than technical support in resolving items, features or functionality of the hosting service that are inoperable or broken. Assistance with using or setting up features or functionality within the hosting service is provided at a Pay-as-you-go basis. Minimum charge for support or assistance is $45 per occurrence. Hourly bill rate is $105.
Although our websites are developed using Search Engine Optimization best practices to the fullest extent possible, the is no guarantee, implied or otherwise, that a Client's website will rank favorability. SEO is an ongoing practice. Google has more than 200 ranking signals, and they’re changing all the time. All websites will have a sitemap submitted to Google to facilitate indexing, and the firm will verify, within the first 30 days that the site has been properly indexed by Google and that there are no 'Crawl Errors'.
Acceptance;
If you are accepting on behalf of a company, you represent and warrant to Island Internet Presence Consulting, LLC that you have full authority to bind such company. If you do not agree to abide by this policy, please do not use our services.
Prohibited conduct;
You will violate this policy if you engage in the following examples of prohibited activities while using our services:
Facilitating a Violation of this Policy;
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks and piracy of software.
Infringing Intellectual Property Rights. Engaging in any activity that;
Infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities;
Violates privacy, publicity, or other personal rights of others.
Obscene Speech or Materials;
Using Island Internet Presence Consulting, LLC's services to advertise, transmit, store, post, display, or otherwise make available child pornography. Island Internet Presence Consulting, LLC shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our services.
Promoting Violence or Injury;
Advocating, promoting or aiding in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities;
Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances contrary to any laws;
Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property contrary to any laws.
Defamatory or Abusive Language;
Using Island Internet Presence Consulting, LLC's services to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers and Masking of IP Addresses;
Forging or misrepresenting message headers or masking IP Addresses, whether in whole or in part, to mask the originator of the message or other Internet activity.
Illegal or Unauthorized Access to Computers or Networks;
Accessing illegally or without authorization computers, accounts, or networks belonging to Island Internet Presence Consulting, LLC or another party, or attempting to penetrate security measures of another individual's system (often known as "hacking");
Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities;
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks;
Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
IRC (Internet Relay Chat);
IRC activity "of any kind" is strictly prohibited.
Misuse of Account Features;
Operating any service which makes an account feature available to third parties for any use other than normal access to that account's Web site is forbidden;
Operating any service which enables or assists anonymous or abusive behavior by third parties is forbidden;
Operating any service which affects the stability or reliability of any Island Internet Presence Consulting, LLC server or network component, impacts other users or the company negatively, or degrades quality of service is forbidden.
All account features and services are to be used solely to develop and implement the Web site and Web pages associated with that Island Internet Presence Consulting, LLC account. Resellers may make reasonable use of account features shared between multiple accounts they are being billed for.
Under no circumstance may our server and network resources be used to provide free hosting to the public. Resellers may make reasonable use of the resources for their private endeavors and business related activity.
Export Control Violations;
Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States.
Illegal Activities;
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities;
Engaging in any other activity, whether lawful or unlawful, that Island Internet Presence Consulting, LLC in its sole discretion determines to be harmful to customers, operations, reputation, goodwill or customer relations.
Consequences for engaging in prohibited conduct;
If you engage in any of the activities above, and as determined by Island Internet Presence Consulting, LLC in its sole discretion, Island Internet Presence Consulting, LLC may immediately suspend or terminate access to the services or terminate our agreement with you and recover costs and expenses for any harm caused to the Island Internet Presence Consulting, LLC or its suppliers.
Fees, payments and billing policies;
As consideration for the services you have selected, you agree to pay the applicable service fees. All fees payable hereunder are non-refundable except those fees covered by the "30 Day Money Back Guarantee" where advertised on the Whidbey Web Design website.
As further consideration for the services, you agree to;
Provide certain current, complete and accurate information about you as required by the registration process and maintain and update this information as needed to keep it current, complete and accurate.
Fees and Payments;
All fees are payable in US Dollars. All payments are due on your account's bill day;
Island Internet Presence Consulting, LLC accepts all major credit cards.
Your "Bill Day" is the day of the month you created your first Island Internet Presence Consulting, LLC account. Your account will be billed on this day every month or year, depending on the payment plan you have selected; charges apply accordingly.
As of January 1, 2024, pricing for hosting will be $55/mo for basic hosting, $75/mo for eCommerce (100 products max) and 90/mo for ecommerce (2,500 products max).
Cancellation policy;
Services will automatically renew until a service is cancelled. If you do not wish to renew your Monthly or Annual Service agreement you must cancel your account, at least 10 working days prior to the billing date, by sending an email to our Sales department info@whidbeyweb.com
You will receive confirmation of your email within 48 hours. If you don’t receive confirmation within 48 hours, assume that the email was not received and call Island Internet Presence Consulting, LLC directly at 1-877-236-2499.
A cancellation refers to the removal of user materials from our systems and the deactivation of services. You will be required to pay any outstanding charges owed before any cancellation will take place. Please be aware that there are no pro-rated refunds after the first 30 days of service regardless of billing cycle;
Domain Name Registrations CANNOT be cancelled. As the purchaser of the Domain Name you are the Domain Name's owner until the term of the Domain Name's registration has expired;
30-day money back;
Most services offered by Island Internet Presence Consulting, LLC carry a 30 Day Money Back policy. If you are not completely satisfied with our services, you will receive a full refund for the hosting fees during the first 30 days after the service was added.
Accounts with violations of our policies will not receive a refund under any circumstance.
LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed One Hundred ($100.00) dollars.
DISCLAIMER OF WARRANTIES;
You agree that your use of our service is solely at your own risk. You agree that such Service is provided on an .as is. basis.
You understand and agree that the website being hosted is build on a proprietary CMS system (Duda) and is not portable.
You understand that Island Internet Presence Consulting, LLC resells the website hosting from a 3rd party and as such does not control or is responsible for the lifecycle of the service.
Terms and Conditions last updated January 13, 2024.