The below shall serve as the prevailing document for MeanMan.com
and Artizen Creations & Publishing " Customer Service
Agreememnts," and includes the following:
Any copyrights to
be held will belong to paying clients unless otherwise agreed,
or services are not paid in a timely manner satisfying all
debt.
Upon the agreement of this document, a timeline and two
layouts will be provided for approval. There will a coming
soon page placed on the site property with the domain name
included.
The work done will be able to be viewed by the clients
on the internet at a location disclosed upon agreement,
but will not be at the site address until approved by all
paying parties.
All SET UP FEE's are paid in advance and include the initial
front page design, site design scheme, consultation, domain
and hosting set up of site. Logo design, Animation, copy
writing and graphic design after the 2 revisions are not
included in the set up fee, but are provided at an extra
hourly rate, or at a negotiated extra cost.
Artizen Creations & Publishing will perform every measure
in it's power to ensure the integrity of the site with no
malfuntions or mistakes. To facilitate this, all material
to be posted will pre-approved and submitted in digital
format. Once posted to a staging server, the clients proofreads
for any final corrections. Once live the copy is final and
changes will incur maintenance
fees.
Artizen Creations & Publishing shall not be held liable
for damages resulting from errors including, but not limited
to mispellings, gramor mistakes, or wrong information that
pass through the screening process and are published.
Mispellings, mistakes and wrong information that do get
posted will be promply corrected as soon as humanly possible
once Artizen Creations is notified of the problem.
If you should find any part of your site isn't functioning
correctly, you will receive a hotline number to call and
have the problem resolved as soon as possible.
All advertising will be to the clients discretion, and
paid for by clients. The premium and Total Commerce site
will have places for advertising banners included
All credit card authorization requires the site owner to
establish the eligibility to receive credit card payments
from their individual financial institution, and are responsible
for all ensuing documents for that purpose. Artizen Creations
and Publishing has no legal or financial responsibility
or liability in the taking of credit card payments other
than assuring their correct operation from the bank's side.
In the event of late payment, the site will be removed
from the web until payment is up to date. The schedule will
be 15 days late results in a warning, 60 days late will
result in the removal of the site from the internet until
payment delinquincies have been satisfied.
A service charge, up to the maximum allowed by the state
you reside in, will be assessed to your account for each
check that is returned to MeanMan.com for insufficient funds.
If your account incurs charges which are denied by your
financial institution, Meanman.com reserves the right to
re-bill for those charges, regardless of your status.
You agree to pay all sales and use taxes, duties, or levies
which are required law as well as all attorney and collection
fees arising from efforts to collect any unpaid balance
on your account.
Artizen Creations & Publishing makes no guarantees
as to the continuous availability of the Service any specific
feature of the Service. Artizen Creations & Publishing
reserves the right to change the Service or any of its features
at any time with or without notice.
Member certifies
to Artizen Creations & Publishing that he/she is not a
minor. By accepting this Agreement, you represent that you
meet this age requirement. Minors who use Service are assumed
to have parental or guardian consent to do so
You agree to provide Artizen Creations & Publishing
with accurate and complete billing information including
your legal name, address, and telephone number. All changes
to information must be reported to Artizen Creations &
Publishing within 30 days of the change.
By accepting this Agreement, you agree that you are responsible
for all posted to your account until you cancel this agreement.
You are responsible for maintaining the confidentiality
of passwords used by you or members of your household.
You will not use the Service or permit others to use the
Service through your account in any way that violates any
law or regulation; subjects Artizen Creations & Publishing
to liability; is in contravention of Artizen Creations &
Publishing's Acceptable Use Policy. You agree to comply
with Artizen Creations & Publishing security procedures
and standards and to be bound by the terms and conditions
of the End User License Agreement for any software provided
to you.
This is an agreement between you and MeanMan.com, regarding
your use of MeanMan.com's computer, interactive information,
communication and server management service. This Agreement
governs the terms and conditions under which MeanMan.com makes
the services offered by MeanMan.com available to individual
consumers through a personal computer or similar access, or
to individual consumers or small businesses in connection
with the " MeanMan.com " webhosting or similar services.
Under this Agreement, you must comply with MeanMan.com 's
then current "Acceptable Use Policy," as updated
from time to time by MeanMan.com, which can be viewed at http://www.MeanMan.com/support/aup.html.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. MeanMan.com will host an account for you, the purchaser
(hereafter referred to as the Account Holder), for
the Account Holder's chosen domain name, for the period of
time (the Term) corresponding with the payment plan
chosen by the Account Holder. This contract will be automatically
renewed at the end of the Term and each successive renewal
term, unless terminated. We require notification of non-renewal
by fax or postal mail with a minimum of 30 days notice prior
to your renewal date. Phone or e-mail notification is not
acceptable. If you do not provide this notice, your account
will be renewed and a non-refundable cancellation charge of
$50.00 will apply. There are no refunds on a la carte services,
dedicated servers or server co-location.
2.
MeanMan.com's services are provided on an as is, as available
basis without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement. MeanMan.com
expressly disclaims any representation or warranty that the
MeanMan.com services will be error-free, secure or uninterrupted.
No oral advice or written information given by MeanMan.com,
its employees, licensors of the like, will create a warranty;
nor may you rely on any such information or advice. This includes
and is not limited to site function, domain name, DNS, search
engine results and uptime. Domain names are purchased from
outside entities, and AC&P, Inc. and MeanMan have no rights
or control outside the scope of the vendor agreement. The
terms of this Section will survive any termination of this
Agreement.
3. The Virtual Web Server Internet
account and/or related electronic services can only be used
for legal purposes under all applicable international, federal,
provincial, and municipal laws. Further, the Account Holder
agrees not to store, transmit, link to, advertise or make
available any images containing pornography. Violations of
these or any other provisions of this Agreement may result
in termination of the services provided by MeanMan.com, with
or without the grant of a notice or cure period, such notice
or cure period to be granted at the sole discretion of MeanMan.com
based upon the severity of the violation. MeanMan.com reserves
the right to refuse service if any of the content within,
or any links from, the Account Holder's website is deemed
illegal, misleading, or obscene, or is otherwise in breach
of MeanMan.com's then current Acceptable Use Policy,
in the sole and absolute opinion of MeanMan.com. Notwithstanding
anything in this Agreement, the content of the Account Holder's
website is the sole responsibility of the Account Holder.
The Account Holder agrees to indemnify and hold harmless MeanMan.com
from any and all claims, losses, damages, liabilities, judgments,
or settlements, including reasonable attorney's fees, costs,
and other expenses incurred by MeanMan.com, (collectively,
Claims) related to or in connection with the content
of the Account Holder's website. The terms of this Section
will survive any termination of this Agreement.
4.
MeanMan.com reserves the right to change, at any time, the
prices charged to the Account Holder for the services provided
by MeanMan.com
5. The Account Holder agrees
to follow generally accepted rules of "Netiquette"
when sending e-mail messages or posting to newsgroups. Account
Holder is responsible for security of its password. MeanMan.com
will not change passwords to any account without proof of
identification, which is satisfactory to MeanMan.com, which
may include written authorization with signature. In the event
of any partnership break-up, divorce or other legal problems
that includes Account Holder, Account Holder understands that
MeanMan.com will remain neutral and may put the account on
hold until the situation has been resolved. Under no circumstances
will MeanMan.com be liable for any losses incurred by Account
Holder during this time of determination of ownership, or
otherwise. The Account Holder agrees to indemnify and hold
harmless MeanMan.com from any and all Claims arising from
such ownership disputes. The terms of this Section will survive
any termination of this Agreement.
6. The
Account Holder agrees not to harm MeanMan.com, its reputation,
computer systems, programming and/or other persons using MeanMan.com's
services. MeanMan.com reserves the right to select the server
for Account Holder's website for best performance. The Account
Holder understands that the services provided by MeanMan.com
are provided on a shared server. This means that one website
cannot be permitted to overwhelm the server with heavy CPU
usage, for example from the use of highly active CGI scripts
or chat scripts. If the Account Holder's website overwhelms
the server and causes complaints from other users, the Account
Holder has outgrown the realm of shared servers, and will
need to relocate it's website. MeanMan.com will refund any
unused portion of prepaid services. If the Account Holder
refuses to comply with this Section, then MeanMan.com has
the right to terminate the services provided to the Account
Holder without any refunds of the unused portion prepaid by
the Account Holder. The Account Holder agrees to indemnify
and hold harmless MeanMan.com and any other Account Holder
from any and all Claims resulting from the Account Holder's
use of the services provided by MeanMan.com The terms of this
Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges
under this Agreement cannot be sold or transferred without
the prior written consent of MeanMan.com.
8.
If the Account Holder sells or resells advertising or webspace
to a third party then the Account Holder will be responsible
for the contents of that advertising and the actions of that
third party. MeanMan.com has the absolute right to reject
any advertising or other third party content that is illegal,
offensive or otherwise in breach of the then current MeanMan.com
Acceptable Use Policy. The e-mail distribution by the
Account Holder of "SPAM", "JUNK MAIL",
or "UNSOLICITED COMMERCIAL E-MAIL", is expressly
prohibited. If the Account Holder refuses to remove any advertising
or other third party content deemed objectionable by MeanMan.com,
MeanMan.com may terminate the services being provided to the
Account Holder.
9. MeanMan.com will use its best efforts to maintain a
full time Internet presence for the Account Holder. The Account
Holder hereby acknowledges that the network may, at various
time intervals, be down due, but not restricted to, utility
interruption, equipment failure, natural disaster, acts of
God, or human error. In no event shall MeanMan.com be liable
to the Account Holder for any damages resulting from or related
to any failure or delay of MeanMan.com in providing access
to the Internet under this Agreement. In no event shall MeanMan.com
be liable to the Account Holder for any indirect, special
or consequential damages or lost profits arising out of or
related to this Agreement or the performance or breach thereof.
The aggregate, total liability of MeanMan.com under this Agreement,
if any, shall in no event or circumstance exceed the total
amount actually paid by the Account Holder hereunder. The
terms of this Section will survive any termination of this
Agreement.
10. This Agreement applies to all
accounts, sub-accounts, and alternative account names associated
with your principal account. The Account Holder is responsible
for the use of each account, whether used under any name or
by any person, and for ensuring full compliance with this
Agreement by all users of that account. A MeanMan.com account
may not be transferred without prior written approval from
MeanMan.com. The Account Holder is responsible for maintaining
the confidentiality of his/her password. In the event of a
breach of security through the Account Holder's account, the
Account Holder will be liable for any unauthorized use of
the MeanMan.com services, including any damages resulting
there from, until the Account Holder notifies MeanMan.com
's customer service.
11. If MeanMan.com assigns
the Account Holder an Internet Protocol address in connection
with the Account Holder's use of the MeanMan.com services,
the right to use that Internet Protocol address will remain
with and belong only to MeanMan.com, and the Account Holder
will have no right to use that Internet Protocol address except
as allowed by MeanMan.com in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between
the Account Holder and MeanMan.com with respect to the MeanMan.com
services and supersedes all prior agreements between the Account
Holder and MeanMan.com. MeanMan.com's failure to enforce any
provision of this Agreement shall not be construed as a waiver
of any provision or right. In the event that a portion of
this Agreement is held unenforceable, the unenforceable portion
will be construed in accordance with applicable law as nearly
as possible to reflect the original intentions of the parties,
and the remainder of the provisions will remain in full force
and effect. The terms of this Section will survive any termination
of this Agreement.
13. The parties shall attempt
to resolve all disputes arising out of this Agreement in a
spirit of cooperation and with a problem-solving mindset,
without formal proceedings. Any dispute, which cannot be so
resolved, shall be subject to binding arbitration upon the
written demand of either party. Arbitration shall take place
in St. Petersburg, FL. Should any legal action permissible
under this Agreement be instituted to enforce the terms and
conditions of this Agreement, in particular the right to collect
money due on unpaid invoices, the prevailing party shall be
entitled to recover reasonable attorney's fees and expenses
incurred at both the trial and appellate levels. The terms
of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and
hold MeanMan.com harmless from any and all Claims resulting
from or connected with any activities conducted by the Account
Holder. The Account Holder and MeanMan.com will promptly notify
the other upon receipt of any Claim or legal action arising
out of activities conducted pursuant to this Agreement. The
rights and responsibilities established in this paragraph
will survive any termination of this Agreement.
15.
MeanMan.com may include the Account Holder's name and contact
information in directories of MeanMan.com service subscribers
for the purpose promoting the use of the services by additional
potential clients. However, MeanMan.com is not authorized
to print the Account Holder's name, trademarks or other identifying
information in any other advertising or promotional materials
without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this
Agreement shall be governed according the laws of the State
of Florida. The Account Holder hereby consents
to personal jurisdiction in the federal and provincial courts
of Florida for any action arising out of or relating to the
Account Holder's use of the MeanMan.com services.
17. Notices required by this Agreement shall be in
writing and shall be delivered either by personal delivery
or by mail. If delivered by mail, notices shall be sent by
any express mail service; or by certified or registered mail,
return receipt requested; with all postage and charges prepaid.
All notices and other written communications under this Agreement
shall be addressed to the individuals in the capacities indicated
below, or as specified by subsequent written notice delivered
by the party whose address has changed.
OUR TEAM 
