Terms & Policies

General Site & Invoice Policies

Terms Of Use

Disclaimer

Privacy Policy

Invoice Terms

Web Hosting Policies

Terms Of Service

Acceptable Use Policy

Terms of Use

Revision date: 7/01/2019

This website (Northwest Web Works) and its content are owned by Northwest Web Works and as such David & Kerry Payne. The term “you” refers to users, visitors or viewers of this website.

Please read these Terms of Use (“terms”) carefully. We reserve the right to change these terms at any time without notice. By using this website, you are agreeing to the Terms, even if you have not read them. If you do not agree to these terms, please stop using this website.

Intellectual Property

All content on this website, including the words, information, documents, design, graphics, photographs, graphics, images and all other information and intellectual property, registered and unregistered is my property and is protected by the United States intellectual property laws. Some images are sourced from third party stock sites. These images remain under the terms of their respective sites as required.

When you access this website, you agree that you will not copy, duplicate or steal the content. Any unauthorized use of this content is a violation of these terms and we reserve the right to prosecute as allowed by law.

You may link back to any blog posts or articles on this website that are publicly available. However, you should give credit by providing a hyperlink back to this website. Requests to use this content should be submitted through the contact form. Due to the nature of the internet, links on this website may have changed. We make no representations to the accuracy of links or sites shared.

User-Generated Content

Any user-generated content on this website will be publicly available to other users. This may be through blog comments or social media posts. By posting or submitting any material to this site, you are warranting that you are the owner of such materials and you are at least 18 years old.

By submitting any content or materials to me and/or this website, you agree to give me an unlimited license so that this content can be shared on this website. This includes your permission that the content you submit may be a part of the current or future existence of my website. You are granting the right to be identified as the author of any of your contributions.

I reserve the right to remove any content that I determine to be unlawful, inappropriate, offensive or otherwise objectionable or in violation of any party’s intellectual property or these terms.

Links to Other Sites

This website may contain links to third-party websites that I do not own or control. Once you leave this site or are redirected to a third-party website or application, you are no longer governed by these terms or privacy policy.

I have no control over and assume no responsibility for any third-party web sites or services. I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or relating to the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Limited Liability

By using and accessing this website, you agree to indemnify and hold harmless Northwest Web Works, as well as any related parties, from and against all claims related to this website or its content. I will not be responsible or liable in any way for your use of the information or materials provided on this website. I assume no liability for any injuries, damages or other losses allegedly related to your use or access to this website. If you use this website, I assume no responsibility. I will not be liable to any party for any type of direct, indirect, special, incidental, equitable and/or consequential damages for your use, reliance, actions or failures to act related to the information on this website.

Governing Law

These terms are governed in accordance with the laws of Washington and the United States.

Your Conduct

By using and accessing this website, you agree that you are solely responsible for your electronic communications. You agree to provide honest and accurate information and that you are authorized to make any purchases you may make. You agree to only use this website for lawful purposes and you agree to not act fraudulently, unlawfully or otherwise inappropriately.

If you engage in any purchases from this website, you agree and acknowledge that personal payment information is being transmitted. I use outside vendors such as Paypal to sell products and services and process payments. You acknowledge that these outside vendors may have access to your name, address and payment information.  I do not personally have access to nor do I store any information. I have chosen vendors carefully and attempt to only use secure transmissions. However, I will not be liable or responsible for any data breaches that result in any loss, damage or other injuries when dealing with one of these vendors. These vendors may have their own privacy and data collection practices that differ from mine. For more information, visit that vendor’s website to learn more.

Termination

I reserve the right in my sole discretion to refuse or terminate your access to this website, in full or in part, at any time without notice. I also reserve the right to remove undesirable comments or shares on my blog and social media channels.

Questions and Contact Information

If you have any questions about these terms, please contact us. 

Disclaimer

Revision date:7/01/2019

Please read this disclaimer carefully. We reserve the right to change this disclaimer on the website at any time without notice, and by using the website, you are agreeing to the disclaimer as it appears, even if you have not read it. If you do not agree with this disclaimer, stop using this website.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others relating to this website, including but not limited to liability for any delays, injuries, harm, losses, damages, loss of business, loss of profits or any other loss or damage of any kind, caused by negligence, breach of contract, or otherwise, even if foreseeable. By accessing and using this website, you agree that we are not liable or responsible for your business or personal results or any other result of any kind that you may have because of information presented to you through our website. You are solely responsible for your results.

From time to time some of the links that we post will be considered ‘Affiliate Links’. If you make a purchase or begin service with a site after following these links, we may make some profit. This will be stated on the page or post that contains these links. The affiliate links on this site will add no extra cost to you or the product should you choose to make a purchase.

I make no warranties, either expressed or implied, regarding this website. To the fullest extent permitted by law, we disclaim all warranties.

 

Privacy Policy

Revision date: 7/01/2019

Northwest Web Works has created this privacy statement to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our website. We use this information for no other reason. We also collect generic data about visitors to the site, including the device type. We do this through Google Analytics. We collect this data to help us better our site, and to provide the most relevant content to the guest of the site.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use. Users that sign up for our mailing list will have their first name and email stored with MailerLite. MailerLite is a third-party provider, which may collect and process your data using industry standard technologies to help us monitor and improve our newsletter.  You can unsubscribe from our newsletter by clicking on the unsubscribe link provided at the end of each newsletter.

Invoices paid online will only store the relevant details so we can process your payment, and we handle no credit card or other private data. That information remains with Stripe for the purposes of the transaction. NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Website

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us by phone at (253) 310-8651.

 

Invoice Terms

Revision Date: 7/01/2019

Our Service Guarantee

Our client satisfaction is extremely important to us. As such we give our clients 14 days to ensure everything is correct after complete payment of the invoice. If something is found, we can work with you to get it fixed. Please notify us either by phone or email. This guarantee only covers the original scope of work. Refunds, replacements, and changes will be complete at the sole discretion of Northwest Web Works.

Late Payment Policy

All invoices are due fully upon service completion or due date, with a 10-day grace period. Invoice payments not received by the end of the grace period will have a $25 service fee added to the bill. For late invoices, 10% of the outstanding balance will be added per each 30-days beyond the completion date. In addition, future service may be suspended.

Invoices due by a specific date (eg. web hosting or maintenance agreements) have no grace period as they are sent in advance of the due date. Service will be suspended the day after it is due and will have a service fee of $25.00 applied. The invoice must be paid in full with the service fee to resume services.

Terms of Services

Revision date: 7/01/2019

All services provided by Northwest Web Works may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The client agrees to indemnify and hold harmless Northwest Web Works from any claims resulting from the use of service which damages the client or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Northwest Web Works’ servers, or any other server on the Internet. Links to such materials are also prohibited. We also do not host sites that promote drugs, either illegal or legal.

Examples of unacceptable content or links:

• Pirated Software
• Hacker programs or archives
• Warez sites
• Pornography of any kind
• Drug paraphernalia

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, PORNOGRAPHY, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, NORTHWEST WEB WORKS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All accounts come with a bandwidth amount specified in the plan details. Unreasonable usage/bandwidth overages can be determined by the volume of traffic or impact of other sites on our servers. A notice will be sent to clients with sites that are over usage informing them of the need to upgrade service to cover the extra usage.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Northwest Web Works is strictly prohibited. As our client, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be canceled without chance of a refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Billing

Billing is handled on the first day of each month for all accounts due in that month. A prorated amount will be added to the first bill for services between the start date and the following first of the month. Invoices are sent on or around the 15th of the previous month. EG: March 1st billing date will be invoiced on February 15th. Service will be suspended after the 1st in the event of non-payment and have a reinstatement fee applied.

Invoices are delivered by email, using the email you have on file. It is the client’s responsibility to ensure that their email is always up to date, so they can receive invoices and avoid late fees and/or account suspension.

Refund policy

We do not generally refund canceled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges.

Account Deactivation

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial fees to accounts. Unused service time is non-refundable. We require 30 days’ notice before your next billing date for a cancellation.

Limitation of Liability

Northwest Web Works shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Northwest Web Works’ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Northwest Web Works shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of Northwest Web Works’ servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to our contact page. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Northwest Web Works cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Northwest Web Works are resold. Thus, certain equipment, routing, software and programming used by Northwest Web Works are not directly owned or written by Northwest Web Works. Moreover, Northwest Web Works holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without notice for any reason without restitution, as Northwest Web Works sees fit.

Account Activation

By activating your account with Northwest Web Works, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines, and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by email or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Up-time Guarantee

Although Northwest Web Works has an excellent record of reliability, we do not offer an up-time guarantee. However, our network and servers are monitored continuously and are rarely down except for scheduled maintenance and hardware and software upgrades, which can occur with or without notice to you. You can refer to our hosting service level agreement for more details.

Northwest Web Works reserves the right to amend any or all the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

 

Acceptable Use Policy

Revision date: 7/01/2019

As a provider of web site hosting and other Internet-related services, Northwest Web Works offers its clients and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Northwest Web Works respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Northwest Web Works reserves the right to take certain preventive or corrective actions. To protect these competing interests, Northwest Web Works has developed an Acceptable Use Policy, which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Northwest Web Works’ services. This policy will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Northwest Web Works cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet and should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Northwest Web Works cannot monitor or censor the Internet, and will not attempt to do so, Northwest Web Works cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Northwest Web Works does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Northwest Web Works’ network and may reach many people, including both clients and non-clients of Northwest Web Works, clients’ postings to the Internet may affect other clients and may affect Northwest Web Works’ goodwill, business, reputation or operations. For these reasons, clients violate Northwest Web Works policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Northwest Web Works, but also because it can overload Northwest Web Works’ network and disrupt service to Northwest Web Works’ clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Northwest Web Works will investigate and shutdown the account that is spamming. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore, Northwest Web Works reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Northwest Web Works choose to pursue and prosecute.

Audio/Video Streaming:

Audio/Video Streaming is not hosting friendly. As such, Northwest Web Works does not allow any streaming of audio or video content. Offending accounts will be suspended without notice or terminated.

Adult-Oriented Content:

Northwest Web Works does not allow adult content and will suspend/terminate any offending account.

Drug-Related Content:

Northwest Web Works does not allow content related to the use or promotion of drugs, both illegal and legal, and will suspend/terminate any offending account.

Large File Policy:

Northwest Web Works is not for file hosting and distribution – as such, clients may not host any files larger than 50MB in size that is observed to be available for the sole purpose of download. Such files include but are not limited to: ISO, audio/video files, EXE files. If you are unsure whether your file is against this policy, please contact us.

Obscene Speech or Materials:

Using Northwest Web Works network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Northwest Web Works is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:

Using Northwest Web Works’ network to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this Acceptable Use Policy:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:

Northwest Web Works reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the policy.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that Northwest Web Works determines to be harmful to its clients, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the client. Pacific Northwest Web Works will not, as an ordinary practice, monitor the communications of its clients to ensure that comply with Northwest Web Works’ policy or applicable law. However, when Northwest Web Works becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Northwest Web Works.

Northwest Web Works will not intentionally monitor private electronic mail messages sent or received by its clients, unless required to do so by law, governmental authority or when public safety is at stake. Northwest Web Works may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Northwest Web Works may disclose information, including, but not limited to, information concerning a client, a transmission made using our network, or a website, to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Northwest Web Works assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Northwest Web Works may disclose client information or information transmitted over its network where necessary to protect Northwest Web Works and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Northwest Web Works will never sell information to other services or outside companies.

Finally, Northwest Web Works wishes to emphasize that clients indemnify Northwest Web Works for any violation of the Service Agreement, law or Northwest Web Works policy resulting in a loss to Northwest Web Works or the bringing of any claim against Northwest Web Works by any third party. This means that, if Northwest Web Works is sued because of a client’s activity, the client will be responsible for payment of any damages awarded against Northwest Web Works, plus costs and reasonable attorney’s fees.

We hope this policy is helpful in clarifying the obligations of Internet users, including Northwest Web Works and its clients, as responsible members of the Internet. Any complaints about a client’s violation of this policy should refer to our contact page.