HD Group, LLC Terms of ServicePlease read this notice before using this web site. By using this web site, you agree to the Terms of Service (hereafter referred to as TOS). If you do not agree with any of the below terms, do not use this site. HD Group, LLC reserves the right, at any time, to modify, change, delete or update these Terms of Service, and you agreed to be bound by such modifications and updates.
HD Group, LLC proudly offers its subscribers a “30-Day Money Back Guarantee.” This guarantee allows subscriber to purchase HD Group, LLC’s services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and free domain registration costs (see section I.C below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with HD Group, LLC’s services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via HD Group, LLC’s “Contact Us” form located at this URL: http://www.hayward-design-group.com/contact-us.html. If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how HD Group, LLC could improve service.
B. Any-Time Money Back GuaranteeHD Group, LLC proudly offers its subscribers an "Any-Time Money Back Guarantee." This guarantee allows subscriber to use HD Group, LLC’s services with full confidence and zero-risk. Consequently, subscriber may request a full refund of the current month's fees (not the current billing cycle) and to-date pre-paid fees for future months, less any additional over-usage, setup fees and free domain registration costs (see section I.C below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This “Any-Time Money Back Guarantee” can be requested at anytime that you are not satisfied with HD Group, LLC services. A request for this guarantee must be submitted via HD Group, LLC’s “Contact Us” form located at this URL: http://www.hayward-design-group.com/contactus.html. If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how HD Group, LLC could improve service.
C. Refunds for Domain Registrations
HD Group, LLC utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through HD Group, LLC, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from HD Group, LLC.
New domains may be cancelled and receive a full refund only within the first 24 hours after placing an order. This grace period only applies to new domain name registrations and is not applicable for domain renewals.
If you cancel your HD Group, LLC service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through HD Group, LLC or through the Registrar.
Subscribers of HD Group, LLC’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
HD Group, LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of HD Group, LLC may not use, or permit others to use, our network to partake in UCE distribution. Customers of HD Group, LLC may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, HD Group, LLC will initiate an immediate investigation. During the investigation, HD Group, LLC may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, HD Group, LLC may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, HD Group, LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HD Group, LLC will notify law enforcement officials if the violation is believed to be a criminal offense.
HD Group, LLC strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
Establishment of this service is dependent upon receipt of payment of stated charges by HD Group, LLC. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
HD Group, LLC may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
A subscriber may cancel his account at any time online via his account control panel’s “Billing Options.” If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how HD Group, LLC could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of HD Group, LLC and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that HD Group, LLC shall not be liable for any damages arising from such causes beyond the direct and exclusive control of HD Group, LLC. Subscriber further acknowledges that the HD Group, LLC’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall HD Group, LLC be liable for any special or consequential damages, loss or injury.
Subscribers or any network users are prohibited from violating or attempting to violate the security of HD Group, LLC’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. HD Group, LLC will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
NOTE: HD Group, LLC reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the subscriber. HD Group, LLC will contact the subscriber as soon as it is feasible.
HD Group, LLC reserves the right to suspend network access to any subscriber if in the judgment of HD Group, LLC, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which HD Group, LLC deems necessary.
If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.
Subscriber must provide HD Group, LLC real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that HD Group, LLC may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This TOS is subject to the governing laws of the State of California. Courts of competent jurisdiction in Hayward, California shall hear and decide any disputes.
Immediately after the completion of the ordering process 100% payment is required before the commencement of the project. The customer is responsible for providing the text, logos and requirements for the basic look and feel of the website. The customer's quick responsiveness is mandatory at all stages of the project, but particularly during the planning process. Failure to provide all required information within the specified timeframes will result in a delay or cancellation of the project. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of HD Group, LLC as defined further below.
Each package comes with a certain number of total revisions. As soon as HD Group, LLC provides a design and project update the customer must respond within three business days with all necessary feedback and corrections. If the customer does not respond within the specified timeframe it will be assumed that the suggested design and changes were accepted and approved so the work may progress further towards finalization.
C. Approval ProcessDuring the project development process HD Group, LLC provides regular design and project updates. While HD Group, LLC performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within seven business days (unless pre-agreed) upon delivery of the website's final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.
D. Refund PolicyFor all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the customer fails to submit the required information within 30 days of making the payment HD Group, LLC may decide to consider the project inactive and not proceed with its implementation.
If an order is cancelled within 14 days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. Under special circumstances HD Group, LLC reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer.
HD Group, LLC is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.
E. Ownership and CopyrightUpon final payment and approval of the completed website design project, our client becomes the owner of the website. He is free to take his site to another developer or host with another company. Please note that all the content on the customer's website is the sole responsibility of its respective owner. HD Group, LLC is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on the website. They are the property and responsibility of the respective owners. The customer agrees that HD Group, LLC may use the created website in its portfolio to showcase completed work to prospective customers and for its own marketing purposes such as, but not limited to, newsletters.
All materials on this web site, including, but not limited to, images, illustrations, designs, artwork, content, promotions and any other intellectual property are protected by copyrights which are owned and controlled by HD Group, LLC. Materials from hayward-design-group.com may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any purpose is a violation of the copyrights and other property rights held by HD Group, LLC. The use of any such material in any channels of communication without the written permission and consent of HD Group, LLC is strictly prohibited.
The trademarks, logos, and service marks are registered and unregistered trademarks of HD Group, LLC. Your use or misuse of the Trademarks on this web site, or any other content, is strictly prohibited.
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to HD Group, LLC shall be and remain the property of HD Group, LLC. Such submission of any comments shall constitute as an assignment to HD Group, LLC of all rights in all copyrights and other properties in the submission. Therefore, HD Group, LLC will not be limited in any way in its use, commercial or otherwise of any submission information. HD Group, LLC is and shall not be under obligation to maintain its confidentiality, to pay compensation for any submitted information or to respond to any user comments.
You agree that no information submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no information submitted by you contain unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any information you submit.
HD Group, LLC provides the materials on this site "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. By using this web site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that HD Group, LLC shall not be liable for any damages or any kind related to your use of this site.
