Doodle Media Design Terms

• Payment for Web Design Services
  A deposit of 50% of the total is due before any services commence (or if we're booked, to get on the waiting list). The client will be given the opportunity to review and approve the project once the design is complete. This does not mean the website is open for business. After this review is sent to the client, final payment is due within 3 days. The final work will not be given to the client or uploaded to the server until full payment is received. This time may not exceed 30 days from the date that the project was submitted to the client for approval. In the event that any debt is owed to Doodle Media for more than 30 days, we reserve the right to suspend the client's account until full payment is made. There will be a $50.00 reinstatement fee for all suspended accounts. Accepted forms of payment are Paypal, Visa, Mastercard, Discover, or American Express. We are no longer accepting checks for the waiting list. You may pay your final balance with a check as long as it is received in the amount of time mentioned above.
• Third Party Modifications
  Doodle Media is in no way responsible for any services performed by another designer. If any modifications are made to the code in the Doodle Cart™, Doodle Media will not be responsible for the cart functionality nor will any upgrades be performed on such cart.
• Changing the Project
  In the event the client changes their mind about a service after the job has been completed or near completion, an hourly rate of $30 will be assessed to the remainder of the project. For example, if the client's web store is complete or near completion and the client realizes they made a mistake in choosing the shopping cart because it does not fit their needs, the hourly rate will apply thereafter to change the shopping cart to one of their choice. Example two, if a logo is being designed and more than two revisions have been made, any additional features added to the logo will be billed at the hourly rate. Additional features include anything that was not discussed prior to the first revision such as drawing a hat on the character when a hat was never discussed. By the time the first revision is made to the initial drawing by Doodle Media, you will know if you want your character to wear a hat. It is not a problem to add such hat, but please be aware that it will be billed at the hourly rate.
• Cancellation of Project
  If an order is made and services are performed by Doodle Media™, the client is responsible for any time spent on this project, even in the event of cancellation of the project. An hourly bill will be expected to paid within 30 days of the billing date. There will be no refunds on the purchase of shopping carts or installation.
• Interest Charges on Outstanding Balances
  Doodle Media reserves the right to charge interest on any invoice over 60 days old. On day 61, please expect to have an additional 2% added to the invoice total each week until the invoice is paid.
• Acceptance of Agreement
  This agreement is a legally binding contract between Doodle Media™ and the client.
• Refunds for Services
  All sales are final.
• Warranty Policy
  We do not offer any warranties on anything purchased from Doodle Media due to the nature of the internet. If you purchase a shopping cart from us or hosting and you are hacked, we do not offer a warranty for anything of this nature as we cannot control the actions of hackers. We will do our best to protect you from hacking attempts however we do not offer a warranty of any kind. It is the client's responsibility to backup files / databases should such a thing happen. We do regular backups as well however it is always best to protect yourself and have a backup on hand.
• Visa / Mastercard Chargebacks
  If we bill your credit card for services as receive a chargeback, you will be responsible for a $25 chargeback fee payable to Doodle Media for each instance that this occurs.
• Removing our link
  If Doodle Media designed your website, you may not remove the Web Development by Doodle Media from the footer of your site. If you choose to do so we require a $150 fee payable here. If you choose to go with another web design company they may not take credit for our design in any way. This includes removing the link and having "no link" appear in the footer at all. If you want our link removed and do not want to pay for this "link removal fee" then you should change the design of your website. Small changes to the design are not acceptable. (ie if you keep the template design - overall look - and only change the center content, this is not a redesign)

 

Regarding Copyright on Characters and Logos
All of the rights of the character / logo that Doodle Media Inc. creates for their clients are held by the client only. Doodle Media Inc. reserves the right to display the artwork in our portfolio, whether that be on the web or in print. If for some reason the client never paid / pays for the logo or character designed by Doodle Media Inc. then all rights belong to Doodle Media Inc.

We guarantee that our work is 100% original when creating our characters. Each character is sketched on paper and then colored in Adobe Photoshop or Adobe Illustrator depending on if you choose vector or raster.

Regarding Copyright on Web Design
Doodle Media Inc. does retain the copyright to all web designs and must be credited for all work. Removing our link from the bottom of the website is not permitted without a $150 fee. None of our designs are permitted to be resold nor are they to be redistributed without written permission from the owner / designer of Doodle Media Inc. If you wish to buy out our rights to the design you may do so for a 50% fee of the total web design cost. This is the cost of the design - not the development of the website.

Doodle Media Inc. shall be credited for work on the web site and retains the right to remove the credit from the bottom of the website should the website later stray out of the original design. In other words - if you maintain your own website and make it unappealing to the eye, we reserve the right to remove our link from the footer of your website.

Shopping Cart Modifications / Upgrades
Doodle Media does not develop shopping carts however modules can be developed to suit your business needs. If you require modifications or modules to your cart, this can be done for an hourly fee. Any alterations made to your cart may not be copied or redistributed in any way. If you require an upgrade, keep in mind that your alterations will need to be formatted to your upgrade and will require an hourly fee for EACH upgrade.

Web design packages do not contain any alterations to the shopping cart other than the package Doodle Media shows as the Loaded ECT Cart. Any alterations outside of the Loaded ECT Cart will be billed at an hourly rate. This includes, but is not limited to, the way images are displayed, the way your products are displayed, the language in the cart, the formatting of the checkout proceedure, the forms in the cart such as contact, wholesale or any other form, the login proceedure, and any other function of the cart. It comes to you as a package, modified by Doodle Media. If you're unfamiliar with the package cart you may request an online demo for testing.

Language packs are available upon request should you need a language other than English. This will be billed at an hourly rate and will not be altered from the way Doodle Media receives the package from ECT. It is possible to alter the language however keep in mind this will be done at an hourly rate and will recur with each upgrade you receive.

Support for Shopping Carts
We do not support any shopping carts - only modules that we have built. If your shopping cart is hacked - we can help you get back online however we do so at our hourly maintenance rate. We are not the developers of any shopping cart and are not held responsible for any coding issues you may have with the developer's cart. Can we help you get back online and repaired with the developer's patch? YES we can - but we do not do this or free.

Doodle Media' services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.

If you are found in violation of the Doodle Media Hosting Acceptable Use Policy and Terms of Use. Your account will be terminated without notice and you may forfeit all funds that have been paid to Doodle Media.

Please note that Doodle Media / Doodle Media will not be held responsible for any software malfunctions on any of the carts. We simply design for the shopping carts as we are not the developers or programmers. Regarding the Doodle Cart, we are not the developer of the Doodle Cart code however we have branded the shopping cart and call it the Doodle Cart for marketing purposes only. We do offer a few modifications to the original code such as guestbook and rotation modifications.

Examples of content that is not acceptable on Doodle Media Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related", "Copyrighted Mp3's", cgi-based message boards.

You specifically agree to indemnify and hold Doodle Media harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another. Warez - Includes pirated software, ROMS, emulators, phreaking, phishing, hacking, software or password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

"Hacking" content may be deemed acceptable if used in a "how to test and prevent" context.  Please contact our staff if you have any questions on this.

Under no circumstances, may you have child pornography or any content that may be considered illegal within the boundaries of the United States.

Term/Termination of Web Hosting Agreement

a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE Doodle Media TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term."

b. This Agreement may be terminated

i. by either party by giving the other party thirty (30) days prior written notice (subject to an early cancellation fee payable by Customer as provided below),

ii. by Doodle Media in the event of nonpayment by Customer,

iii. by Doodle Media, at any time, without notice, if, in Doodle Media's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in Doodle Media's sole and absolute discretion and/or judgment, could disrupt, Doodle Media's business operations and/or

c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,

i. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,

ii. Doodle Media shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,

iii. You shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) you shall pay an early cancellation fee of $15. Any cancellation request shall be effective thirty (30) days after receipt by Doodle Media, unless a later date is specified in such request.

d. Doodle Media may terminate this Agreement

i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or

ii. immediately by giving written notice to Customer, if Doodle Media determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If Doodle Media cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer's use of the Services disrupts, Doodle Media shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Doodle Media shall have the right to charge you an administrative fee of $50.00.

e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Doodle Media may be entitled.

Denial of Service
Attacking
We have a zero tolerance policy on deliberate Denial Of Service attacks, either against our servers, or from our servers. If your account is found to be deliberately causing Denial of Service to our servers, or any other server or equipment, then you will be held liable for damages, including but not limited to labor to diagnose and repair service, at a minimum of $200/hour ($400/hour on evenings, nights, and weekends, $600/hour on holidays.) If intentional DOS attacks, brings down our servers, causes interruption to our network, or causes our network provider to block our services, then the responsible party will also be financially accountable for downtime of services.  Damages are at a rate of $500 per hour until service is restored.

Spam
SPAM will be defined as "Unwanted email sent to multiple strangers, generally for the purpose of advertising."

Purchased lists of email addresses, are NEVER allowed.

SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN lists that people have signed up for FROM YOUR SITE. Spam complaints about users will not be tolerated.

Anyone caught intentionally spamming, or purposely opening relay ports for spamming will be terminated immediately, and will be held financially responsible for labor of an engineer to repair any and all damages at a minimum of $200/hour ($400/hour on evenings, nights and weekends, $600/hour on holidays.)

If intentional spamming gets any of our severs put on an email blacklist, the responsible party may also be financially accountable for downtime of mail services due to not being able to send email.  Damages are at a rate of $500 per hour until service is restored.

This is meant purely to protect our honest clients.

Mailing Lists
If you maintain an opt-in mailing list with your web site(s), you MUST include:

1) A working opt-out procedure for your members members, that is in plain sight in every email.

2) A mechanism to handle email bounces, to remove an email after 4 unsuccessful mailings in a row.

3) No "purchased" lists.  If you are running a newsletter of people that have opt-ed in at your site, great.  If someone signed up looking for a business opportunity at some other site, this is not acceptable, nor is it responsible mailing.  This will be considered spam.

If your using a mailing list, you may protect yourself further, by including in each email, information used at time of opt-in, like date and IP address.

IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)

Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers.

You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to Doodle Media must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and all content within your account.

Please refer to our DMCA Policy for details regarding takedown and reinstatement procedures for sites in possible violation of the Digital Millennium Copyright Act.

Service Availability
Our server will maintain a 99.9% uptime, if this uptime is not met, Doodle Media may allow a service refund at our discretion, and upon client request. Doodle Media however cannot be held responsible for network issues between your location and the server.

We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.

The services provided to you by Doodle Media, and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Server Backups
Most of our servers are provided with backup equipment and automated procedures. For liability reasons we cannot guarantee these backups at any given point in time.  Backups are typically made on a secondary hard drive on the same server, therefore cannot be stored off site. If restoration of files, or database is required, please submit a support request.  Restore request may take more time than most other support requests.

We offer up to two free, full, or partial restores per client, per month.  Resellers with many customers may be allotted more at Doodle Media' full discretion.

Sub-Accounts and Reseller Accounts
Multi-Domain and Reseller accounts are for all legal purposes synonymous.  A reseller may create sub-accounts within his/her own domain space, and sub-lease this space.  The reseller account becomes the parent account to the sub-account.

It is the responsibility of the reseller to supply technical support to their own clients.  Doodle Media and it's agents, will not supply technical support to the clients of our resellers without prior arrangements.

A reseller must take full responsibility for their own payments to Doodle Media regardless of their payment arrangements with their own clients.

All users on Doodle Media servers are required to follow the rules in this Terms of Service.  A reseller may, impose more restrictive rules on their own clients, but not less restrictive.

Termination
If a site violates these terms in any way, shape, or form, the site will be deleted from our network. If allowed back on, and a second violation occurs within a 90 day period the site will be blocked from our network.

First Warning
When you (or your clients) upload illegal content, or misuse Doodle Media' systems in any way.  you (or your clients) are knowingly violating the terms of service. You may receive a first warning at our discretion. When you violate these terms you know what you are doing is against our policies. We reserve the right to bypass the first warning and suspend the account in question.

Questionable Situations
If we find content that is questionable and may or may not violate the terms of service we will contact you. An example of a situation like this is a band hosting their own music on our servers. However, you can avoid this step if you notify us. If you are a band or if you are planning to upload a large amount of files that are questionable please notify us before you upload so we are aware of the situation. This will keep everyone happy.

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions, or allow your sub-accounts to do so, we may terminate this agreement forthwith upon written notice.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

Accounts may be cancelled by the user or Doodle Media with or without prior notice.

Legal
Doodle Media expects that its' subscribers, who provide Internet services to others, will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Doodle Media policy. Finally, Doodle Media wishes to emphasize that in accepting the service agreement, subscribers indemnify Doodle Media for any violation of the service agreement, law, or Doodle Media policy, that results in loss to Doodle Media or the bringing of any claim against Doodle Media by any third-party. This means that if Doodle Media is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Doodle Media, plus costs and reasonable attorneys' fees.

Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.

In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Payment
All payments must be in US Dollars. The preferred method is PayPal subscriptions. We will accept a check in some situations. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $30.00 plus late fees if applicable.

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Your Billing is based on the date that you signed up with us. (ex. If you joined us on June 25th, Your PayPal account will be charge on the 25th of every month [assuming a monthly payment plan is being used, obviously a quarterly plan will only charge every 3 months.]) There are incidences when the payment date has been, or will be, modified.

We do not issue refunds for hosting. If you have created your account and never used it, we will not issue a credit. Please do not purchase service if you do not plan to use it.

A late fee of $10 will be added to your invoice if your bill goes unpaid for over 60 days. An additional $10 will be added every 30 days until the invoice is paid.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you.

Suspension of services, for any reason, does not mean you no longer owe the outstanding balance.

A shared hosting account, suspended for being past due, may be required to pay a reconnect fee, of no more than $15, to be reinstated. A deposit for future service may also be required. For dedicated servers, this reinstatement fee could be higher.

Account Suspention for non-payment, can result in an administrative fee of $10, to re-connect service.

If an account goes over 30 days past due, the client forfits any protection under our privacy policy, and Doodle Media reserves the right to seek alternate collection methods using your "private" information in any way we see fit.

Errors
Doodle Media will not be held responsible for typographical errors or human mistakes of any kind in advertising, sales or any other department.  We will act as quickly as possible to correct such an error.

Cancellation
Recommended methods of service cancellation are:

• Submitting a cancellation request via a support ticket.
• Canceling via eMail message.  Do not assume receipt.  Please wait for a confirmation.

SSL Certificates
There will be a five day delay in the installation of SSL certificates to be purchased by us, due to experiences with fraudulent purchases and charge backs.  This can usually be waved for clients in good standing.

Bandwidth Overage
If you set your contact email address in cPanel, warnings will be issued by the server when an account reaches 80% of a months bandwidth limit.  If you have added your email address to cPanel you will receive these.  At this point you have three choices.  1) leave it alone.  If a bandwidth limit is reached, the account will go into suspended status until the 1st of the following month or until other arrangements are made.  2) Upgrade your hosting package if you feel this might be a normal overage.  or 3)  prepay for an additional block of space for that month.

Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this agreement. Misuse of resources, including but not limited to employing applications which consume excessive CPU time. Chat/IRC, and web proxy scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP message forum. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.  We may amend these terms of service with or without notice.

We do reserve the right to edit the terms of service at any time with or without notice.

Some items in these terms of service may not apply in all cases.  Special terms may be negotiated in a pre-sales agreement.  Such pre-sales agreements may override specific terms listed here.

Do not agree to these terms of service if you cannot uphold these conditions or the spirit of these conditions.