1. Domain Names

1.1 Domain Names are PRE-PAID.

1.2 Domain name registrations cannot be cancelled and are not refundable.

1.3 If you have requested that we register a .com, .ca, .net, .org, .biz or .info domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .ca, .net, .org, .biz and .info domain names issued by Vivid Marketing Elements located at URL: http://vividelements.com/flashsite/policiesandagreements.html You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.

1.4 You agree that you must pay for any registration or delegation charges imposed by Vivid Marketing Elements or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance.

1.5 We make no representation and give no warranty about your chosen domain name being available for registration or use by you.

1.6 You expressly authorize and direct us to:
a. be nominated as authorized admin contact for your domain name with the domain name registrar;
b· renew your domain name registration upon receipt of renewal notification from the domain name registrar, and invoice you for the relevant charge in accordance with our list price from time to time.

1.7 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name.

1.8 If you have not chosen a domain name and request a list of available domain names we may charge for this service. Final selection of the domain name is yours.

1.9 Payment of your domain name or other charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. While we will deliver notice of changes or updates to these policies, it is your responsibility to periodically check this page for any updates or changes.

2. Web Site Hosting

2.1 Web Hosting is a PRE-PAID service, payable annually.

2.2 No refunds of advance payments will be given under any circumstances.

2.3 Allowed content: Vivid Marketing Elements does not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by e-mail, uploading, posting or otherwise).

Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and even pornographic advertisements on your own site.

Illegal use: Vivid Marketing Elements’ hosting services may not be used for illegal purposes, or in support of illegal activities.

Gambling Websites: Gambling sites (online casinos, betting and similar) are prohibited from being hosted on our servers.

Copyright or trademark infringement: Use of the hosting service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. This includes pirated software.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Other content not allowed: Hackers material, Warez Sites (Cracks to licensed software for example), Illegal audio/video (illegal mp3, illegal recorded samples).

2.4 Suspension of Service: We may from time to time without notice suspend the Service or disconnect or deny your access to the Service: a. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or b. if you fail to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or do, or allow to be done, anything which in our opinion may have the affect of jeopardizing the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

2.5 We will not be liable to you for: a. any loss or damage in respect of the provision or use of the Services, b. any costs, claims, loss or damage of any kind resulting from your fraudulent, negligent or otherwise unlawful behaviour, c. any costs, claims, loss or damage arising from any information, Client Data, other data or material provided to us by you or on your behalf.

2.6 Payment of your hosting or other charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. While we will deliver notice of changes or updates to these policies, it is your responsibility to periodically check this page for any updates or changes.

2.7 Database hosting: Database hosting for shopping carts, catalogs and other databases is not included. An additional charge of at least $25 per month, payable annually, in advance, will be due.

2.8 FTP sites: FTP hosting (for distribution and downloading of large files) is not included. An additional charge of $20 per month, payable annually, in advance, will be due.

3 SPAMMING IS PROHIBITED

3.1 We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

the bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients
the sending of junk mail
the use of distribution lists that include people who have not given specific permission to be included in such distribution process
posting commercial ads to USENET newsgroups that do not permit it
posting articles containing binary encoded data to a non-binary newsgroups
excessive and repeated posting off-topic messages to newsgroups
excessive and repeated cross-posting
e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
the e-mailing of age-inappropriate communications or content to anyone under the age of 18.

4 Web site design – terms and conditions

4.3 Payment: An upfront payment of at least 50% of the total fee is due with order, a minimum of $500. Final payment is due on completion of the site. Projects that have an outstanding balance of $250 may from time to time have an interim invoice issued, and payment is due upon receipt. Projects that extend over a period of at least 30 days may also incur minimum billing of at least $250 per month. Once THE PROJECT has been initiated and preliminary designs created, all retainer balances become non-refundable.

4.4 If any payment due under the agreement remains outstanding, Vivid Marketing Elements shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.

4.5 Liability: Vivid Marketing Elements hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

4.6 Copyright: Any web page; design or entire site designed by Vivid Marketing Elements carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/customer must indemnify Vivid Marketing Elements in respect of all actions; proceedings; costs demands and claims arising from any such breach.

4.7 Stock images, video and audio: Additional charges may be incurred for procuring stock photography, artwork, video and audio.

4.8 Logo Design: Logo design and other graphic design for print are not included and are billed separately.

4.9 Search Engines: Vivid Marketing Elements will submit a client's website to several of the major search engines as part of web site hosting. If a client wishes Vivid Marketing Elements to promote a web site as a separate commission, Vivid Marketing Elements will make every reasonable effort to promote the website effectively but cannot guarantee high rankings in search engine results. We can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.

4.10 If at any point during the web site development cycle a client wishes to cancel, they may do so but will be invoiced for all work done whether completed or not. Deposits are not refundable.

4.11 The client agrees to allow Vivid Marketing Elements to place a small and discreet advertisement at the bottom of all web site pages.

4.12 Payment of your web site design or other charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. While we will deliver notice of changes or updates to these policies, it is your responsibility to periodically check this page for any updates or changes.

5 Blogware

5.1 Blog sites are PRE-PAID. Choose from monthly and annual plans.

5.2 We will determine in our sole discretion whether any of the material is considered offensive. If anything has been reported to you that must be removed, you will have 48 hours to remove the offensive content. For you information the following content is considered offensive:

Adult Blogs: We prohibit any adult (pornographic) web-sites in our blogware, including pedophile content, linking to pornographic sites (outside links) and even pornographic advertisements on your own blog.

Illegal use: Vivid Marketing Elements’ blogware services may not be used for illegal purposes, or in support of illegal activities.

Gambling Websites: Gambling sites (online casinos, betting and similar) are prohibited from being hosted on our servers or linked-to from our blogware sites.

Copyright or trademark infringement: Use of the blogware to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. This includes pirated software.

Other content not allowed: Hackers material, Warez Sites (Cracks to licensed software for example), Illegal audio/video (illegal mp3, illegal recorded samples).

6 Payments

6.1 All payments by cheque, draft or money order must be made in Canadian Dollars and may be subject to applicable taxes. If you are outside London Ontario you may also pay by PayPal.

6.2 Payment assignment. With prior agreement by Vivid Marketing Elements it may be possible to reassign payments to other services.

Back To ViVid


	1. Domain Names 1.1 Domain Names are PRE-PAID. 1.2 Domain name registrations cannot be cancelled and are not refundable. 1.3 If you have requested that we register a .com, .ca, .net, .org, .biz or .info domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .ca, .net, .org, .biz and .info domain names issued by Vivid Marketing Elements located at URL: http://vividelements.com/flashsite/policiesandagreements.html You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name. 1.4 You agree that you must pay for any registration or delegation charges imposed by Vivid Marketing Elements or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance. 1.5 We make no representation and give no warranty about your chosen domain name being available for registration or use by you. 1.6 You expressly authorize and direct us to: a. be nominated as authorized admin contact for your domain name with the domain name registrar; b· renew your domain name registration upon receipt of renewal notification from the domain name registrar, and invoice you for the relevant charge in accordance with our list price from time to time. 1.7 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name. 1.8 If you have not chosen a domain name and request a list of available domain names we may charge for this service. Final selection of the domain name is yours. 1.9 Payment of your domain name or other charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. While we will deliver notice of changes or updates to these policies, it is your responsibility to periodically check this page for any updates or changes. 2. Web Site Hosting 2.1 Web Hosting is a PRE-PAID service, payable annually. 2.2 No refunds of advance payments will be given under any circumstances. 2.3 Allowed content: Vivid Marketing Elements does not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by e-mail, uploading, posting or otherwise). Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and even pornographic advertisements on your own site. Illegal use: Vivid Marketing Elements’ hosting services may not be used for illegal purposes, or in support of illegal activities. Gambling Websites: Gambling sites (online casinos, betting and similar) are prohibited from being hosted on our servers. Copyright or trademark infringement: Use of the hosting service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. This includes pirated software. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account. Other content not allowed: Hackers material, Warez Sites (Cracks to licensed software for example), Illegal audio/video (illegal mp3, illegal recorded samples). 2.4 Suspension of Service: We may from time to time without notice suspend the Service or disconnect or deny your access to the Service: a. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or b. if you fail to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or do, or allow to be done, anything which in our opinion may have the affect of jeopardizing the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension. 2.5 We will not be liable to you for: a. any loss or damage in respect of the provision or use of the Services, b. any costs, claims, loss or damage of any kind resulting from your fraudulent, negligent or otherwise unlawful behaviour, c. any costs, claims, loss or damage arising from any information, Client Data, other data or material provided to us by you or on your behalf. 2.6 Payment of your hosting or other charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. While we will deliver notice of changes or updates to these policies, it is your responsibility to periodically check this page for any updates or changes. 2.7 Database hosting: Database hosting for shopping carts, catalogs and other databases is not included. An additional charge of at least $25 per month, payable annually, in advance, will be due. 2.8 FTP sites: FTP hosting (for distribution and downloading of large files) is not included. An additional charge of $20 per month, payable annually, in advance, will be due. 3 SPAMMING IS PROHIBITED 3.1 We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to: the bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients the sending of junk mail the use of distribution lists that include people who have not given specific permission to be included in such distribution process posting commercial ads to USENET newsgroups that do not permit it posting articles containing binary encoded data to a non-binary newsgroups excessive and repeated posting off-topic messages to newsgroups excessive and repeated cross-posting e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive the e-mailing of age-inappropriate communications or content to anyone under the age of 18. 4 Web site design – terms and conditions 4.3 Payment: An upfront payment of at least 50% of the total fee is due with order, a minimum of $500. Final payment is due on completion of the site. Projects that have an outstanding balance of $250 may from time to time have an interim invoice issued, and payment is due upon receipt. Projects that extend over a period of at least 30 days may also incur minimum billing of at least $250 per month. Once THE PROJECT has been initiated and preliminary designs created, all retainer balances become non-refundable. 4.4 If any payment due under the agreement remains outstanding, Vivid Marketing Elements shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. 4.5 Liability: Vivid Marketing Elements hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. 4.6 Copyright: Any web page; design or entire site designed by Vivid Marketing Elements carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/customer must indemnify Vivid Marketing Elements in respect of all actions; proceedings; costs demands and claims arising from any such breach. 4.7 Stock images, video and audio: Additional charges may be incurred for procuring stock photography, artwork, video and audio. 4.8 Logo Design: Logo design and other graphic design for print are not included and are billed separately. 4.9 Search Engines: Vivid Marketing Elements will submit a client's website to several of the major search engines as part of web site hosting. If a client wishes Vivid Marketing Elements to promote a web site as a separate commission, Vivid Marketing Elements will make every reasonable effort to promote the website effectively but cannot guarantee high rankings in search engine results. We can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site. 4.10 If at any point during the web site development cycle a client wishes to cancel, they may do so but will be invoiced for all work done whether completed or not. Deposits are not refundable. 4.11 The client agrees to allow Vivid Marketing Elements to place a small and discreet advertisement at the bottom of all web site pages. 4.12 Payment of your web site design or other charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. While we will deliver notice of changes or updates to these policies, it is your responsibility to periodically check this page for any updates or changes. 5 Blogware 5.1 Blog sites are PRE-PAID. Choose from monthly and annual plans. 5.2 We will determine in our sole discretion whether any of the material is considered offensive. If anything has been reported to you that must be removed, you will have 48 hours to remove the offensive content. For you information the following content is considered offensive: Adult Blogs: We prohibit any adult (pornographic) web-sites in our blogware, including pedophile content, linking to pornographic sites (outside links) and even pornographic advertisements on your own blog. Illegal use: Vivid Marketing Elements’ blogware services may not be used for illegal purposes, or in support of illegal activities. Gambling Websites: Gambling sites (online casinos, betting and similar) are prohibited from being hosted on our servers or linked-to from our blogware sites. Copyright or trademark infringement: Use of the blogware to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. This includes pirated software. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account. Other content not allowed: Hackers material, Warez Sites (Cracks to licensed software for example), Illegal audio/video (illegal mp3, illegal recorded samples). 6 Payments 6.1 All payments by cheque, draft or money order must be made in Canadian Dollars and may be subject to applicable taxes. If you are outside London Ontario you may also pay by PayPal. 6.2 Payment assignment. With prior agreement by Vivid Marketing Elements it may be possible to reassign payments to other services. Back To ViVid