The elmstar.com Web Site (the “Site”) is an online information and website development and marketing service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. elmstar.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.elmstar.com , its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to elmstar.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to elmstar.com by all means and in any media now known or hereafter developed. You also grant to www.elmstar.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against elmstar.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to elmstar.com.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by elmstar.com. elmstar.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for elmstar.com – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with elmstar.com. You also understand that www.elmstar.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. elmstar.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND elmstar.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. www.elmstar.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. elmstar.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL elmstar.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF elmstar.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, elmstar.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
elmstar.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-elmstar.com web site, please understand that it is independent from elmstar.com, and that elmstar.com has no control over the content on that web site. In addition, a link to a elmstar.com web site does not mean that elmstar.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless elmstar.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of elmstar.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between elmstar.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in the courts of the State of Wisconsin, Oconto County, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. elmstar.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. elmstar.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
6. Cross Browser Compatibility. Our agreement reasonably presumes the creation of a website viewable by Firefox, Chrome and Microsoft Edge. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions are developed, the new browser versions may not be compatible.
7. Maintenance vs Management. Maintenance involves updating of software and plugins at the basic level to maintain website functionality and may include backups and security checks. Management is controlling the actual content on the website.
8. Website Accessibility Acknowledgement and Waiver
Client acknowledges that Developer has informed Client that Americans with Disabilities Act (ADA) may require the Client’s website to meet and maintain certain accessibility standards. The Developer strives to provide up-to-date accessibility products and services. The Developer is not an attorney and does not provide legal advice. The Developer cannot guarantee that the use of ADA website products will ensure that Client will not be sued, nor does Developer guarantee any outcome in ADA legal action against the Client or Client’s company.
9. Client is solely responsible for complying with Americans with Disabilities Act (ADA) accessibility laws pertaining to the Client’s website. The Developer recommends Client seeks legal counsel regarding ADA compliance and accessibility responsibilities and takes necessary action to ensure Client’s website is compliant, which may include actions above and beyond Developer’s recommendations. Client has the responsibility of ensuring any media or content on the Client’s website, including but not limited to images, PDFs, and videos, are compliant with the Americans with Disabilities Act.
10. Other Hosting notes:
Primary communication for website support requests will be via email or support ticket to track information. Email and support tickets are preferred, but not the exclusive communication method such as phone calls. Fax, text, snapchats, Facebook type messages most likely not be seen or responded to outside those of the developer’s business and should not be relied upon. Hostile, abusive, or threatening communication does not increase speed of management or maintenance and may be reason for termination of hosting services.
We utilizes a series of servers. Some utilize CDN, Content Delivery Network. CDN is a geographically distributed network of proxy servers and their data centers. The goal is to provide high availability and high performance by distributing the service spatially relative to end-users.
Client is to be aware of web cache for the temporary storage (caching) of Web documents, such as Web pages, images, and other types of Web multimedia. Caching reduces server lag on an individual’s computer. This is primarily user device control to speed the loading of website pages on a user’s computer. Although efforts can be made to reduce this from happening, it is difficult to eliminate.
In the interest of using the highest quality Internet server systems, we may contract third parties to provide bulk services of hosting, backups, scans and other software used to maintain websites. These systems are reviewed every month for connectivity. These plans above may be limited by the terms and conditions of these suppliers in how services are provided.
Clients are granted editor access to their websites. Editor access creates another layer of security and avoids accidental disruption. If admin access is granted to a client, the client accepts additional risk of website needing additional management or maintenance. Clients may be charged additional fees if work required is a result from deletions, changes, or security issues on their websites that may have been caused by this access, even if readily not confirmed.
11. Passwords. The Client, Authorized Users and Clients must ensure that each password is only used by the user to which it has been assigned. The Client is responsible for any and all activities that occur under the Client’s account and via the Client’s passwords. The Client will immediately notify the Developer if the Client becomes aware of any unauthorized use of the Client’s account, the Client’s passwords or breach of security known to the Client. The Developer shall have no liability for any loss or damage arising from the Client’s failure to comply with these requirements.
12. Security Breach. Client acknowledges the risk of a potential security breach by publishing the website in the public domain. Client agrees to hold the Developer harmless for any damages that result from the negligent acts of the client or the malicious acts of an unrelated third party, unless said acts are the result of a breach of an implied warranty for workman like service required of the Developer by the laws of the State of Wisconsin.
13. Security Breach Costs. Client agrees that any and all work to repair a security breach as outlined in Paragraph 10 above, is beyond the scope of minor web maintenance as outlined in the above Paragraph 9. Therefore, the Client agrees to compensate Developer for all labor and costs associated with repairs to website as a result of a security breach.
14. Assignment of Project. The Developer reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion.
The Developer shall make all reasonable efforts to ensure that any interface or integration to a third-party provider or system used by the Client operates correctly. The Client acknowledges that the successful operation of any interface or integration is dependent upon the technical set up of the third-party systems, and the Client agrees that the Developer cannot be held liable for any failures in the operation of the interface or integration. Accordingly, the Developer shall have no liability or obligation whatsoever to the Client in relation to the content on, or use of, or connection with any third-party website made available via use of the Services.
15. Developer does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. Developer is not to be held responsible for occasional downtime of email or website due to line interruptions and/or other instances beyond Developers control or third-party tools and sites that the client’s site may utilize after completion of website.
16. JURISDICTION/DISPUTES. This Agreement shall be governed in accordance with the laws of the State of Wisconsin. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Wisconsin, Oconto County, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
17. Indemnification. Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Any rights not expressly granted herein are reserved.