eMay-Design

Completion Date

eMay-Design and the CLIENT must work together to complete any agreed upon CONTRACT in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT. Both parties agree to work expeditiously to complete any CONTRACT in a professional and timely fashion.

Assignment of Project

eMay-Design reserves the right to assign subcontractors to any project to insure the right fit for the job as well as on-time completion. eMay-Design will be responsible for the final results of the project.

Copyrights and Trademarks

The CLIENT represents to eMay-Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to eMay-Design for inclusion in Web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend eMay-Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.

Age

CLIENT must be at least 18 years of age.

Limited Liability

CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, fraudulant material, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.

CLIENT hereby agrees to indemnify and hold harmless eMay-Design from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless eMay-Design in any claim resulting from the submission of illegal materials.

If eMay-Design shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against eMay-Design, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by eMay-Design for any reason.

Under no circumstances, including negligence, shall eMay-Design, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use eMay-Design’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to eMay-Design’s records, programs or services. Client maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on eMay-Design’s services.

Not withstanding the above, CLIENT’s exclusive remedies for all damages, losses and causes of actions whether in CONTRACT, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of the CONTRACT and any reasonable attorney’s fee and court costs

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