aDesignLamp.com

EULA and TERMS OF AGREEMENT
End User License Agreement aDesignLamp.com provides
worldwide web page hosting, and graphic design and photography services. aDesignLamp.com reserves
the right to cancel or suspend a customer’s account if they breach this
EULA and/or TERMS OF AGREEMENT.

You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name.

You agree to supply aDesignLamp.com with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current.

You also agree that you are an authorized user of any credit card that
you supply to us or our payment partner(s), and you understand and
agree that we have an obligation to fully investigate any possible
fraudulent credit card use.

Illegality in any form, including but not limited to
activities such as unauthorized distribution or copying of copyrighted
software, violation of U.S. export restrictions, harassment, fraud,
trafficking in obscene material, drug dealing, and other illegal
activities.

No warranties

aDesignLamp.com makes no warranties
or representations of any kind for the services being offered. The
service is provided on an “as is” and “as available” basis without
warranties of any kind, either express or implied, including but not
limited to warranties of title, non- infringement, or implied
warranties of merchantability or fitness for a particular purpose. No
advice or information given by aDesignLamp.com or its agents or
employees shall create a warranty. aDesignLamp.com provides no warranty
that the service will be uninterrupted or error free or that any
information, software or other material accessible on the service is
free from viruses or other harmful components. Under no circumstances
shall aDesignLamp.com be liable for any direct, indirect, special,
punitive, or consequential damages that result in any way from your use
of or inability to use the service, or for third parties’ use of the
service to access your Web space, or to access the Internet or any part
thereof, or your or any third parties’ reliance on or use of
information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or
transmission, or any failure of performance.

If an account holder charges back for services
rendered, a $50.00 charge back fee will be added to the amount charged
back by the customer.

Design Services

All services with aDesignLamp.com
are completed via contracts that the client will either be emailed or
mailed and required to either fax back with signature, deliver via
mail, or agree via email to the contract submitted by aDesignLamp.com.
Work will not begin after the contract is agreed upon, but begin after
the down payment of either 50% or the disclosed figure between the
customer and the aDesignLamp.com contact liaison or creative director.
Services will begin immediately after the initial down payment is
received. This down payment is non refundable and will go toward the
completion of the site / hosting / design / concept development / comps
/ wire frames / photography / illustrations / logo development / HCI /
research rationale.

Hosting

Resource Usage

Users may not initiate the following:

a) Run any process that requires more than 5Mb of memory space, more
than 15 CPU seconds, or use more than 5% of all available system
resources at any time.

b) Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

Spammimg

Sending unsolicited mail messages,
including, without limitation, commercial advertising and informational
announcements, is expressly prohibited. A user shall not use another
site’s mail server to relay mail without the express permission of the
site or distributing, advertising or promoting software or services
that have the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.

The Customer shall be held liable for any and all
costs incurred by aDesignLamp.com as a result of the customer’s
violation of these terms and conditions. This is including, but is not
limited to, attorney fees and costs resulting from Postmaster responses
to complaints from and the cleanup of unsolicited commercial mailings
and/or unauthorized bulk mailings and/or news server violations. First
violations will result in a Cleanup Fee of $200 and the customer’s
account will be reviewed for possible immediate termination. A second
violation will result in Cleanup Fee of $400 and immediate termination
of the customer’s account. The Customer who violates this policy agrees
to also pay Investigation Fees of no more than $120 per hour that
aDesignLamp.com personnel must spend to investigate any violations.

Account Use

aDesignLamp.com does not allow any of the following content to be hosted:

a) Illegal Material – This includes copyrighted
works, commercial audio, video, or music files, and any material in
violation of any Federal, State or Local regulation.

b) Adult
Material – Includes all pornography, erotic images, or otherwise lewd
or obscene content. The designation of “adult material”

is left entirely to the discretion of theaDesignLamp.com staff.

c) Warez – Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting of any of
the above. Also includes any sites which provide “links to” or “how to”
information about such material.

d) Other Material – Any material we feel to be abusive, effect or could
effect the operation of the service and/or effect other internet users.
The designation of “abusive” is left entirely to the discretion of the
aDesignLamp.com staff.

Backups and Data Loss

Although we conduct daily,
weekly, as well as monthly backups, your use of the service is at your
sole risk. aDesignLamp.com is not responsible for files and data
residing on your account. You agree to take full responsibility for
files and data transferred and to maintain all appropriate backup of
files and data stored on aDesignLamp.com servers.

Cancellation and Refunds in Regard to Hosting

Customers may cancel their hosting account at any time. aDesignLamp.com
gives you an unconditional 15 day money back guarantee. Refund requests
after 15 days will not be negotiated.

Accounts cancelled/terminated by aDesignLamp.com do not qualify for the

15 day money back guarantee. Only first-time accounts are eligible for
a refund. For example, if you’ve had an account with us before,
cancelled and signed up again, you will not be eligible for a refund or
if you have opened a second account with us.

There is no refund for design services rendered as the work is paid for at the time of down payment and non refundable.

Accounts where a domain is purchased through
aDesignLamp.com do not qualify for the money back guarantee on the
domain name. A refund will only be given for the account and not the
domain name in this circumstance.

Closing and suspension of an account

An account closes under the following circumstances:

a)
A letter written or emailed stating request for account cancellation

b) A phone call requesting cancellation to your account manager

c) A 6 month negative account balance

d) Illegal Material, Warez, Adult Material or other material deemed inappropriate by the aDesignLamp.com executive committee

An account is suspended under the following circumstances:

a) A 3 month negative account balance

b) Illegal Material, Warez, Adult Material or other material deemed inappropriate by the aDesignLamp.com executive committee

All cancellations must be sent 15 days prior to the date you wish to terminate your account to billing@aDesignLamp.com. Accounts terminated with less than 15 days notice will result in your account being charged for that month of service.