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Domain Transfers:
Client authorizes I.T. For Kids Foundation and / or Bay Geeks, LLC (BAY GEEKS) to transfer (and renew if indicated) the above listed domain name to one of their approved servers. Client understands that BAY GEEKS will be listed as Client's administrative, technical and billing contact, and that Client's company will remain listed as the registrant (Owner).
Client understands that they can move their domain name to the server of their choice at any time after the expiration of Client's contract (allow 3 to 4 weeks for completion).
Client agrees that if Client chooses to renew their domain name, that licensing fees are final and non-refundable; therefore Client agrees that once BAY GEEKS has initiated the renewal of the domain name Client will not cancel this domain registration.
Once transferred, Client understands that the license will be extended by an extra year and this will be reflected in the main database.
Client understands that they will be notified 30 days before renewal & Client will be responsible for the annual renewal of this Domain. Client understands that unless they notify BAY GEEKS in writing 30 days before the renewal date, that for the protection of Client's ownership rights, Client's credit card/checking account will be auto debited for the renewal amount.
*Client understands that if Client's existing website needs to be copied from a third party server, Client may incur additional charges. Circumstances include, Improper coding, JavaScript, java, dynamic or static content that must be manually copied or re-created. Furthermore, Client agrees that BAY GEEKS cannot be held responsible for data and/or e-mail that currently reside on another server. Client understands that it is their sole responsibility to back up their e-mail and site files before the transfer of Client's domain.
Domain Registration:
Client authorizes I.T. For Kids Foundation and / or Bay Geeks, LLC to register a dot.com domain(s) names on Client's behalf and to activate them for one of their approved servers. Client's company shall be listed as the “Registrant” (owner)* upon receipt of the signup form and hosting payment. BAY GEEKS will be listed as Client's administrative, technical and billing contact.
Client acknowledges the fact that registration of these names is on a “first-come, first-serve” basis; therefore, Client understands that registration of the above names is contingent upon the availability at the time of filing.
Client represents that registration of the dot.com domain name(s) does not interfere with the rights of any third party and is not being registered for any unlawful purpose. BAY GEEKS does not act as arbiter of disputes.
Client understands that Client can move their domain name (s) to the server of their choice at any time after two years (allow 3 to 4 weeks for this process).
Client understands that BAY GEEKS will register and license the first name listed (provided it is available) for 2 yrs., free of charge.
Client also understands that registrations are final and that licensing fees are non-refundable; therefore Client agrees that once BAY GEEKS has initiated the filing of the above Domain Name(s) that Client will not cancel this domain registration.
Client understands that they will be notified 30 days before renewal & Client will be responsible for the annual renewal of this Domain. Client understands that unless they notify BAY GEEKS in writing 30 days before the renewal date, that for the protection of Client's ownership rights, Client's credit card/checking account will be auto-debited for the renewal amount.
Payment Processing:
In connection with the purchase of goods or services as outlined in the order form, I, the Client/Undersigned, hereby authorizes I.T. For Kids Foundation and / or Bay Geeks, LLC (BAY GEEKS), to process the amounts indicated in the order form from the account specified. The Undersigned hereby certifies that they are the authorized account holder for the designated credit card/debit card account and agrees that payments will be processed monthly as outlined for a period of no less than 2 years. This authority will continue until withdrawn in writing by the undersigned. Cancellation of services MUST be submitted in writing 30 days prior to cancellation.
Hosting Renewal
I agree to Host my site for at least two years. BAY GEEKS will notify me 30 days before renewal & I will be responsible for my hosting renewal. I understand that unless I have notified BAY GEEKS, in writing, 30 days prior to the renewal date that my credit card/checking account will continue to be auto processed per month until I cancel in writing as indicated for payment due for my hosting & SSL (if applicable) renewal. This is for my protection, and the protection of my website files, so my website is not removed from the Internet.
Delivery Guarantee and Refund Policy:
Client acknowledges that they’re receiving a delivery guarantee of 4 weeks from the date of submission of payment for this website to include the creation of a temporary website design and 5 customized website pages with the exception of those materials/photos and text not yet provided by the customer that would be necessary to complete the remaining pages, a discount on hosting which has been realized by prepayment, and that the 1st months of hosting will be pre-paid; therefore, Client agrees that all fees paid are non-refundable. Should client initiate cancellation of this agreement for any reason the Client’s Website will be removed from the servers and the remaining balance of the agreed upon 2 year term will become due immediately. A refund may be requested only in the event that BAY GEEKS defaults in performance of the agreed services; however, Client acknowledges that a substantial amount of work will be initiated upon the execution of this agreement including, but not limited to, the registration, transfer or modification of the domain name, creation of a temporary website page, instruction of the designer and/or setup of the server; therefore Client agrees that any services performed before the request would be subtracted from the amount of any refund granted. Client also acknowledges that the hosting term will commence immediately upon request for services. By signing this agreement client also agrees to contact I.T. For Kids Foundation and / or Bay Geeks, LLC for any disputes/resolutions before contacting card carrier. Client is responsible for providing materials/content for customized pages.
Content:
Your EZ FREE website may NOT contain any offensive material such as, but not limited to, nudity, exploitation of men, women, children, or animals. No linking to adult oriented sites. Offensive content is defined solely at the discretion of BAY GEEKS. Use of offensive content will result in the immediate suspension of the website until such content has been removed.
Legal:
By using this site, you signify your agreement to be bound by these Terms of Use. If you do not agree to these terms of use, please do not use the site. We may modify, revise or update the Terms of Use at any time by updating this posting.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by I.T. For Kids Foundation and / or Bay Geeks, LLC unless otherwise indicated the contents, and the collection, arrangement and assembly of the contents of this site are the property of I.T. For Kids Foundation and / or Bay Geeks, LLC (BAY GEEKS) and are protected, without limitation, U.S. and foreign copyright, trademark and other laws. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BAY GEEKS's copyright, trademark, and trade secret rights and others' proprietary rights. The use of any such material on any other Web Site or networked computer environment for any purpose is prohibited.
Acceptable Site Use General Rules.
Users may not use the site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is defamatory, obscene, threatening, abusive or hateful. Users may use the site only for lawful purposes.
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of the site, including, without limitation (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, flooding, spamming, mailbooming or crashing (d) sending unsolicited e-mail, including promotions and/or advertising of products or services or (e) forging TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. BAY GEEKS will investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
TERMINATION
This Agreement will terminate immediately without notice from BAY GEEKS, if in BAY GEEKS's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of this Agreement or otherwise.
LINKS
This site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by BAY GEEKS. BAY GEEKS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.
THIRD PARTY POSTINGS
BAY GEEKS may, in its sole discretion, post material, advertisements and other promotional materials of third parties on the site. Your correspondence or dealings with these parties found on the site are solely between you and such party. You agree that BAY GEEKS shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of their presence. Moreover, BAY GEEKS shall not be responsible or liable for the statements or conduct of any third party on the site. With regard to services or products purchased or obtained by a user from someone other than BAY GEEKS, we make no representation or warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we hereby specifically disclaim any and all express and implied representations and warranties of any nature whatsoever as to such services and products.
DISCLAIMER
BAY GEEKS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO this site OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE AS IS AND AS AVAILABLE. BAY GEEKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO this site AND ANY WEB SITE WITH WHICH IT IS LINKED. BAY GEEKS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON this site OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT this site, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF this site OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BAY GEEKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON this site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BAY GEEKS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BAY GEEKS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON this site, EVEN IF BAY GEEKS OR A BAY GEEKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BAY GEEKS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING this site.
INDEMNITY OF USER
You agree to defend, indemnify, and hold harmless BAY GEEKS, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of these Terms of Use. BAY GEEKS shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
JURISDICTIONAL
The site is controlled from within the State of Florida, USA. It can, however, be accessed from all other places around the world. Although these places may have different laws from those of the State of Florida, by accessing this site, you agree that the laws of the State of Florida, USA will apply to all matters relating to your use of this site, without regard to rules relating to conflict of laws. BAY GEEKS makes no claims that the materials may be lawfully viewed or downloaded outside of the USA. Access to materials may not be legal by certain persons or in certain countries. If you access the site from outside of the USA, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in the State of Florida, USA and you irrevocably consent to the jurisdiction of such courts.
SEVERABILITY
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
PERMISSION FOR REPRINTS
All material on this site without limitation, is protected by Canadian, U.S. and other foreign copyright and trademark laws. In order to receive permission to reprint any material on this site (outside of personal, non-commercial use), please contact us.
Email:
No bulk email may be sent. Email accounts may not used for the purpose of sending unsolicited advertisements or spam.
Client understands and agrees to recurring monthly payments of $29.95 per month for no less than 2 years and a one-time setup fee of $295.
Client has read, understands, and accepts all terms and conditions as outlined on this website.
Lawful Purpose
I.T. For Kids Foundation and / or Bay Geeks, LLC reserves the right to refuse service to anyone. Customers may only use I.T. For Kids Foundation and / or Bay Geeks, LLC server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of I.T. For Kids Foundation and / or Bay Geeks, LLC management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into in Pinellas County, Florida, and any dispute will be litigated or arbitrated in Pinellas County, Florida.
Refund Policy
Without exception, all fees paid to I.T. For Kids Foundation and / or Bay Geeks, LLC and/or its affiliates (hereinafter collectively or individually referred to as I.T. For Kids Foundation and / or Bay Geeks, LLC) for domain registration, transfer fees, pre-paid commercial hosting, web development and design, auto-renewals with no written cancellation on file, search engine registration and search engine submittal are non-refundable upon execution of contract and/or upon acceptance online. Acceptance online is considered to be automatic once you have read this statement and have proceeded with the program or design process. Client is required to provide design materials outlined in the Design Packet in electronic format on a CD or disk via US mail within 6-8 weeks from execution of contract. If materials are not delivered in a timely manner, I.T. For Kids Foundation and / or Bay Geeks, LLC also reserves the right to determine the production schedule for the contracted services. If client has paid by credit card and decides to initiate a charge back or fails to complete the agreed-upon contract terms, the temporary, under-construction web page will be removed from the host server. If the credit card processor elects to debit the account of I.T. For Kids Foundation and / or Bay Geeks, LLC (BAY GEEKS) then BAY GEEKS or its affiliates may elect to pursue damages for the full market value of the contract. BAY GEEKS will pursue all legal remedies, and client will be held responsible for payment thereof. If the reason for client’s default is due to a change in client’s business conditions and/or environment, client may elect to have BAY GEEKS transfer all fees due or paid to date, less any domain registration or transfer fees, to a new account name or business. Upon such a request, I.T. For Kids Foundation and / or Bay Geeks, LLC will pro-rate all fees accordingly based upon the remaining hosting term. Upon default, client may further elect the option to sell client’s contract to another business in need of I.T. For Kids Foundation and / or Bay Geeks, LLC services. If the client elects this option, the new entity would be responsible for the registration or transfer fees for domain names and would assume the balance of the remaining contract.
Website Terms of Use
These Terms and Conditions of Use constitute the contractual agreement between you and I.T. For Kids Foundation and / or Bay Geeks, LLC regarding your use of our site and any activities or transactions you may conduct through our site. Your use of our site constitutes your agreement to follow and be bound by these Terms and Conditions of Use and by our Privacy Policy (collectively, our “Terms and Conditions”).
As used in these Terms and Conditions, the words “you” and “your” and "Client" refer to any person accessing the I.T. For Kids Foundation and / or Bay Geeks, LLC Web site. The words “we,” “us,” and “our” refer to I.T. For Kids Foundation and / or Bay Geeks, LLC.
We reserve the right to modify, alter, or otherwise update these Terms and Conditions at any time. We will post any such change at this site, so you are encouraged to review these Terms and Conditions from time to time. Any changes will apply prospectively only. Your continued use of our site following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes. We may of course change, move or delete portions of our site, or add to our site from time to time.
User Comments
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to the I.T. For Kids Foundation and / or I.T. For Kids Foundation and / or Bay Geeks, LLC through our site or otherwise disclosed, submitted, or offered in connection with your use of our site (collectively, “Comments”) shall be and remain the property of I.T. For Kids Foundation and / or Bay Geeks, LLC. You agree that I.T. For Kids Foundation and / or Bay Geeks, LLC may use or disclose Comments in any manner consistent with our Privacy Policy. I.T. For Kids Foundation and / or Bay Geeks, LLC shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to us for any purpose whatsoever. I.T. For Kids Foundation and / or Bay Geeks, LLC has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete any material posted by users on our site, in our sole discretion and without notice.
Ownership Of Site Contents; Downloading
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of our site (collectively, the “Contents”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by I.T. For Kids Foundation and / or Bay Geeks, LLC or used under principles of “fair use.” The Contents of our site and the site as a whole are intended solely for your personal use. You may not copy the Contents and other materials displayed on our site any purpose whatsoever without our advance written consent.
Policies For Children (Individuals Under 13 Years Of Age)
Our site is not a Web site directed to children under the age of 13. However, we hereby advise all visitors to our Web site under the age of 13 not to disclose or provide any Personally Identifiable Information on our site. In the event we discover that a child under the age of 13 has provided Personally Identifiable Information to us, in accordance with the Children’s Online Privacy Protection Act of 1998, we will delete the child’s Personally Identifiable Information from our files. For more information regarding a child under the age of 13 providing Personally Identifiable Information, see the Federal Trade Commission’s Web site explaining the Children’s Online Privacy Protection Act of 1998 at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD I.T. For Kids Foundation and / or Bay Geeks, LLC (BAY GEEKS) HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF SUIT ASSERTED AGAINST BAY GEEKS, ITS AGENTS, ITS CUSTOMERS, OFFICERS, AFFILIATES AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS I.T. For Kids Foundation and / or Bay Geeks, LLC AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH I.T. For Kids Foundation and / or Bay Geeks, LLC'S SERVER; (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 CUSTOMER FROM I.T. For Kids Foundation and / or Bay Geeks, LLC'S SERVER; (5) ANY CLAIM ASSERTED FOR DAMAGES IN EXCESS OF THE CREDITS SPECIFICALLY PRESCRIBED BY THIS AGREEMENT.
Disclaimer
I.T. For Kids Foundation and / or Bay Geeks, LLC (BAY GEEKS) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. BAY GEEKS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. BAY GEEKS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY BAY GEEKS AND ITS EMPLOYEES. I.T. For Kids Foundation and / or Bay Geeks, LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF I.T. For Kids Foundation and / or Bay Geeks, LLC MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
The following links will go to Bay Geeks' site.
Hosting Agreement
Acceptable Use Policy
Copyright Infringement Policy
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