i-Inspire Web Design Terms of Service
Website Development, Ongoing Support & Internet Marketing
All Graphic Design, Web Design & Development and Ongoing services provided by i-Inspire Web Design are subject to the following terms and conditions.
Estimates & Contracts
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon
request. Contracts that have been written, but not signed by the client will only be accepted within 30
days of the delivery date. A new contract may be drawn up upon request.
Charges & Fees
All new web design projects require an initial 50% deposit that will be due at contract signing. The
remaining 50% balance will be due upon acceptance of the completed web development project before it
is released to the client or published to the internet.
All new web design projects that exceed $600 US can be split into three payments. An initial deposit of
1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost
will be due upon acceptance of the design. The final balance will be due upon acceptance of the
completed web development project before it is released to the client or published to the internet.
Any check payments that do not clear will be charged a $35 fee. i-Inspire Web Design retains the right to hold all
graphics, and project development with the exception of content and graphics provided by the client, until
payment is received for such items. (see copyright & ownership clause)
i-Inspire Web Design accepts payments via Cash, Check, PayPal and all major Credit Cards. Your payment
should come from PayPal available funds or credit card. Your project will not be released to you or
uploaded until full payment is received.
Hours of Operation
Our business hours are Monday-Friday from 9am-5pm HST. If you require maintenance after the posted
hours, such as on weekends or holidays, you will be charged our base rate of $95 per hour with an
additional charge of $45 per hour for after hours assistance.
Web Site Design Credit
i-Inspire Web Design custom web design clients will have a Design by: i-Inspire Web Design link on their website in
the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to
this, and that you understand that this link may NOT be removed without our consent. You may pay i-Inspire Web Design a fee of $250 to have this link permanently removed. Should you have a new layout designed for
your site by a company other than i-Inspire Web Design , you may remove the credit from your website. Thank
Copyright & Ownership
Upon completion of the project, i-Inspire Web Design transfers all rights and ownership of CUSTOM designs and
programming written by i-Inspire Web Design to the client. Software and third party graphics or programs are not
transferred to the client and remain under copyright of their respective owners.
Ownership and copyright of all Template Monster, HostGator and Limited Edition Templates available in
our stores remain with i-Inspire Web Design and are not transferred to the client.
i-Inspire Web Design reserves the right to resell custom designed web sites that remain unpaid by the original
client, unaccepted mockups or other graphics created by i-Inspire Web Design but not in legal use by the client.
i-Inspire Web Design reserves the right to display websites and graphics that have been designed by i-Inspire Web Design on their website, and in any marketing material to aid as examples of our work.
i-Inspire Web Design requires a deposit before we begin work on any project. A request to terminate services
must be presented to i-Inspire Web Design in writing. i-Inspire Web Design has a Guaranteed 90 Day Turnaround for
your project. If we fail to complete your project within 90 days of the start date AND you have turned in all
content, images and information requested by us, you will recieve a 50% refund within 30 days of your
written request. Otherwise, please follow the refund terms below.
Refunds will be processed within 30 business days of request by the client, if there is a refund amount
due based on the terms above.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and
domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a
solution with you that will meet your company needs.
i-Inspire Web Design will not negotiate chargebacks with any person or company. Our Refund policies are
clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start
of any project.
Development & Delivery
i-Inspire Web Design understands the importance of completing projects in a timely manner. We agree to
complete the web design project within 90 days from the date of contract signing. If the client does not
supply i-Inspire Web Design with complete text, graphic content and other requested materials for the contracted
client within 90 days of contract signing, the contract becomes void and all deposits paid by the client are
forfeited. The client may request a Project Extension in writing to i-Inspire Web Design for an additional fee of
20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of
the extension between i-Inspire Web Design and the client.
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by
phone or email during the design and development process, the project will be canceled without prior
notice and no refund will be issued.
Services purchased from i-Inspire Web Design are provided “as is” without warranty of any kind that the web
design project will be uninterrupted or error free. In no event shall i-Inspire Web Design be liable to the client for
any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the
website, services, and/ore goods provided to the client. This includes, without limitation, lost profits,
business interruption, loss of data or other losses directly resulting from the use of the website, services,
and/or goods provided to the client. The entire risk as to the quality and performance of the web design is
with the client.
We are happy to accept projects from customers outside of the United States. However, we do require full
payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of
Hawaii. Exclusive jurisdiction and venue is as governed in the district court of Hilo County, Hilo Hawaii.
Please note that by submitting your Deposit or downpayment for our services you are agreeing to all of
our terms of service as written here. i-Inspire Web Design reserves the right to change or update these terms at
any time without prior notice.
Ongoing Support & Internet Marketing Services
Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the
agreement details as stated in the original estimate(s).
Graphic Design, Print Ad, Logo & Label Design Projects
Being an all-digital design shop means that you are responsible for providing us with all artwork
corrections for your pre-published or pre-print Ads and Labels. Please note that it makes good sense to
check your designs (and spelling) before print approval – corrections or modifications made after the
approval/proofing stage will incur extra charges, as we need to make design changes and repeat the
entire pre-press process to incorporate the new files.
In summary, i-Inspire Web Design and our artists have done everything possible to make the artwork and files
perfect. However, i-Inspire Web Design and it’s designers/affiliates are not responsible for it’s final approval, so
please be sure to check all copy, dimensions and color seperations.
User Agreement & Hosting Terms of Service
The use of services from i-Inspire Web Design .com, [hereafter referred to as “i-Inspire Web Design ”] constitutes
agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have
screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which
is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the
email address on file is current or up to date at all times. Providing false contact information of any kind
may result in the termination of your account. In dedicated server purchases or high risk transactions, it
will be necessary to provide government issued identification and possibly a scan of the credit card used
for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature
and be denied.
Our transfers team will make every effort to help you move your site to us. However, transfers are
provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or
time required to complete an account transfer. Each hosting company is configured differently, and some
hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult
if not impossible to migrate some or all account data. We will try our best, but in some cases we may be
unable to assist you in a transfer of data from an old host.
We no longer offer a FREE Transfer service with Sign-up. Please contact us with specific details to
receive a price quote for website transfers.
All services provided by i-Inspire Web Design may only be used for lawful purposes. The laws of the State of
Hawaii, State of California, State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless i-Inspire Web Design from any claims resulting from the
use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not
limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of
sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your
account. If you believe that your copyright or trademark is being infringed upon, please email
abuse@i-Inspire Web Design .com with the information required. A list of required information may be found
here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all Shared and Reseller servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad
services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites,
commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs
(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance
without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading
Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel
backup of the same account.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites
(FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s),
AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners,
Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to
warez content are prohibited.
i-Inspire Web Design services, including all related equipment, networks and network devices are provided only
for authorized customer use. i-Inspire Web Design systems may be monitored for all lawful purposes, including
to ensure that use is authorized, for management of the system, to facilitate protection against
unauthorized access, and to verify security procedures, survivability and operational security. During
monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of
i-Inspire Web Design system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene,
threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or
otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or
termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a
response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us via our contact form or
email and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content
perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We
will further monitor your activity; more than one infraction of this type may result in the immediate
termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and
permissions of directories are set properly, regardless of installation method. When at all possible, set
permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for
all actions taken under their account. This includes the compromise of credentials such as username and
password. It is required that you use a secure password. If a weak password is used, your account may
be suspended until you agree to use a more secure password. Audits may be done to prevent weak
passwords from being used. If an audit is performed, and your password is found to be weak, we will
notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe
lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account
terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but
is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or
entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space
being blacklisted will be immediately suspended and/or terminated.
i-Inspire Web Design reserves the right to require changes or disable as necessary any web site, account,
database, or other component that does not comply with its established policies, or to make any such
modifications in an emergency at its sole discretion.
i-Inspire Web Design reserves the right to charge the holder of the account used to send any unsolicited e-mail a
clean up fee. This cost of the clean up fee is entirely at the discretion of i-Inspire Web Design.
4.) Payment Information
You agree to supply appropriate payment for the services received from i-Inspire Web Design , in advance of the
time period during which such services are provided. You agree that until and unless you notify i-Inspire Web Design of your desire to cancel any or all services received, those services will be billed on a recurring
Cancellations must be done in writing via the cancellation form provided or via email. Once we receive
your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in
writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a
ticket/tracking number in the subject for your reference, and for verification purposes. You should
immediately receive an automatic “Your request has been received…” email with a tracking number. An
employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear
back from us, or do not receive the automatic confirmation email within a few minutes after submitting
your cancellation, please contact us immediately via phone. We require that cancellations of service are
done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all
files/emails to be removed, and (c) document the request. This process reduces the likelihood of
mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account
may be removed immediately after a cancellation request is processed.
As a client of i-Inspire Web Design, it is your responsibility to ensure that your payment information is up to date,
and that all invoices are paid on time. i-Inspire Web Design provides a 30 day grace period from the time the
invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid will result in
a $35 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as
credit towards the account and cannot be refunded via Paypal. If you require assistance with this
provision, please contact email@example.com
i-Inspire Web Design reserves the right to change the monthly payment amount and any other charges at
5.) Backups and Data Loss
Your use of the service is at your sole risk. i-Inspire Web Design is not responsible for files and/or data residing
on your account. You agree to take full responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on i-Inspire Web Design servers.
6.) Cancellations and Refunds
i-Inspire Web Design reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your
Customers may cancel at any time via a cancellation form or via email. i-Inspire Web Design gives you an
unconditional 30 day money back guarantee on managed shared hosting, dedicated server, and reseller
solutions for any customer who paid the first invoice with a credit card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the
* Bank Wire Transfers
* Western Union Payments
* Money orders
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or
domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be
refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before,
canceled and signed up again, you will not be eligible for a refund or if you have opened a second
account with us.
Violations of the Terms of Service or User Agreement will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that
could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes
any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host
or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL.
Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
The use of more than 50,000 inodes on any shared account may potentially result in suspension.
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup
system to avoid over usage. Every file (a webpage, image file, email, etc) on your account uses up 1
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly
create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause
file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled,
but never checking their primary account mailbox. Over time, tens of thousands of messages (or more)
build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to
cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting
package you purchase. Should your account pass the allocated amount we reserve the right to suspend
the account until the start of the next allocation, suspend the account until more bandwidth is purchased
at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the
account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored — the 30 day money back guarantee
does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of i-Inspire Web Design ’s managed shared and reseller servers carry a 30 day unconditional money back
guarantee on them. If you are not completely satisfied with our services within the first 30 days of your
service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared
or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom
software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may
receive one month of credit on your account. Approval of the credit is at the discretion of i-Inspire Web Design
dependant upon justification provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor’s network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the operating system and the Apache Web
Server which may differ from the uptime reported by other individual services. To request a credit, please
contact firstname.lastname@example.org with justification. All requests must be made in writing via
email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a
network guarantee in which the credit is prorated for the amount of time the server is down which is not
related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. i-Inspire Web Design does not provide support to our
Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client. All support requests must be made by the
reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored
or transmitted under their reseller account and the actions of their clients’. i-Inspire Web Design will hold any
reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts) / Sem idedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a
reseller account. Semi dedicated servers are not backed up. You must maintain your own backups.
12.) Dedicated Servers
i-Inspire Web Design reserves the right to reset the password on a dedicated server if the password on file is not
current so that we may do security audits as required by our datacenter. It is the responsibility of the client
to ensure that there is a valid email address and current root password on file for their dedicated server
on file to prevent downtime from forced password resets. i-Inspire Web Design reserves the right to audit servers
as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are
NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for
this. You may purchase an additional hard drive and maintain backups to it as the most simple solution.
Please contact email@example.com if you wish to obtain a secondary hard drive. It is your
responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to
change prices listed on our company websites, and the right to increase the amount of resources given to
plans at any time.
Customer agrees that it shall defend, indemnify, save and hold i-Inspire Web Design harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against i-Inspire Web Design , 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, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless i-Inspire Web Design against liabilities
arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in
connection with i-Inspire Web Design ; (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
customers from i-Inspire Web Design’s server.
By using any i-Inspire Web Design services, you agree to submit to binding arbitration. If any disputes or claims
arise against i-Inspire Web Design or its subsidiaries, such disputes will be handled by an arbitrator of i-Inspire Web Design’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum
will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected
pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The
arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state
arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and
all costs related to such arbitration.
i-Inspire Web Design shall not be responsible for any damages your business may suffer. i-Inspire Web Design makes
no warranties of any kind, expressed or implied for services we provide. i-Inspire Web Design disclaims any
warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from
delays, no deliveries, wrong delivery, and any and all service interruptions caused by i-Inspire Web Design and
16.) Disclosure to law enforcement
i-Inspire Web Design may disclose any subscriber information to law enforcement agencies without further
consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the Terms of Services
i-Inspire Web Design reserves the right to revise its policies at any time without notice.
Website Development & Ongoing Support
POST LAUNCH & INITIAL WEBSITE SUPPORT (Now that your new website is online)
Maintenance (changes or updates) on your new web site is included for the first 30 days after launch
date. It is that time that we can still address any minor changes/updates to the site as well as website
related questions & tutorials. We DO NOT provide ANY support after this initial 30 days post site launch.
It is up to the client to do their due-diliginence to check and test the site prior to the approval and launch
of the new website. Any and all website related changes, questions, updates and support issues outside
this 30 day post launch window will be billed at our normal hourly rate of $95/hour (Our hourly rate is
subject to change without written notice). If you require any additional website support it is highly
recommended that you sign-up online or thru one of our staff members with one of our ongoing website
support plans. If you would like more info about our ongoing support plans then please send us email
ONGOING MAINTENANCE, WEBSITE SUPPORT & INTERNET MARKETING
Customized support packages can include but are not limited to the following: Phone & Email Support,
Basic Website Changes & Updates, Tutorial and Training Sessions, Monthly Website & Database
Backup, Email Configuration & Management, Website Management, Blog Management & Mod- eration,
Social Networking Management & Moderation, Search Engine Optimization (SEO), Pay Per Click
Management, eNewsletter & Mailing List Management, eCommerce & Product Management
More info on Internet Marketing can be found @ http://bit.ly/LjLmLg
THINGS YOU CAN DO (My Website is Online! Now What?)
Q: When Can I Expect to See Improved Results in the Search Engines?
A: You will most likely see your website appear in searches within 2-4 weeks. However every search
engine is different and none of them provide any guarantees that they will search your site and index it by
a cer- tain date. In most cases we see the search engines adding new websites to their results within two
weeks, and noticing changes to existing websites in 2-3 weeks. However, it can take 3-4 months to really
start mov- ing up the ranks on google’s index as well as bing, yahoo and others.
Q: What Can I Do Next?
A: Keeping your website at the top of the search engine charts. There is always new competition and after
time, if you’re not careful your website can be pushed down in the ranks of the search engines. To avoid
this, you can contact us to assist you in keeping your website continually up-to-date with the current SEO
techniques and other internet marketing strategies.
Q: What can I do to Help my Website’s Search Engine Rank on my Own?
A: Post to your Blog regularly; Add new content to your website — When writing content, be sure to use
relevant keywords & phrases; Share your blog articles & web pages on the social media sites; Encourage
your customers to write reviews on 3rd Party website like Yelp & Google; Tell your friends about your
web- site and ask if they will link to your site or promote it elsewhere on the web IE: Facebook
Wordpress Video Tutorials & Additional Online Resources can be found @ http://bit.ly/KPNUnA