Pittsburgh Website Design

Information Solutions & Management, Inc

Pittsburgh Website Design

Pittsburgh Website Hosting


Terms and Conditions

  1. Client: As used herein "Client" is a person or party who, representing a third party, contract with ISM, Inc. for certain goods and services. Client is solely responsible to ISM, Inc. to fulfill all terms of the contract and these terms and conditions. ISM, Inc. shall hold no obligations to any third party with whom client may contract.
  2. Acceptance: Client agrees to all the terms of this agreement when Client signs up for the use of the ISM, Inc. hosting services or any other ISM, Inc. service or product. Terms may change without notice.
  3. Pricing: The pricing on the ISM, Inc. Web Site, and all ISM, Inc. Web Sites, are subject to change without notice. At the request of client, any work estimated to take over 3 hours of time may receive a written proposal. Monthly hosting charges DO NOT include technical assistance, consulting, coding or any design work, as these chargers are billed separately. Client is responsible for checking to confirm pricing.
  4. Banned Site Content: The following types of Web Site content is banned from the ISM, Inc. servers. If such a Web Site is found to be active on the ISM, Inc. server it will be taken down and all monies paid by the Client to ISM, Inc. will be forfeited. Sites below to be deemed banned (as determined by ISM, Inc. in its sole and absolute discretion):
    • Pornographic
      • All material deemed X-rated or pornographic
      • Adult membership sites
      • Adult related products and services
    • Gaming
      • Lottery and gaming
      • Sweepstakes
    • Libelous Sites
      • Is illegal, or promotes or encourages illegal activity;
      • Selling or promoting illegal substances and/or activities
      • Hate related or defamatory websites
      • Infringement on another's trademarked or copyrighted materials or services
      • Pyramid schemes
      • Escort Services
      • High dispute risk sites
      • Credit card insurance programs
      • Multi-level marketing companies
      • Mass Email programs
    • Copy written Material / Storage
      • Use of copy written material without permission
      • Storage of computer software
      • Storage of illegal software / key generators
      • Storage of files for use as a file repository including but not limited to:
        • Backups (local PC, server, websites, etc.)
        • High-Resolution Images
        • Audio Files/Podcasts
        • Video Files/Movies
        • Any large individual files or collections of files
  5. Spam: Client will not send any unsolicited email through the ISM, Inc. to multiple recipients or groups.
  6. Liability: ISM, Inc. will not be held responsible for any loss of use, revenue, anticipatory profit or for any direct, indirect or consequential damages resulting from the malfunction of the ISM, Inc. server, connections or actions. ISM, Inc. will not be held responsible for copyright or trademark infringements for content, text, images or photos provided by client.
  7. Indemnity: CLIENT expressly agrees to indemnify and hold ISM, Inc., including its officers, employees and partners harmless from any claim or any demand, including reasonable attorney's fees, for any errors or omissions resulting from the normal design, maintenance of any and all hosted of Client's Web Sites.
  8. Web Site Files: ISM, Inc. will not be held responsible for the loss of any files stored on the ISM, Inc.'s servers. CLIENT will keep backup copies of all files transferred to ISM, Inc.'s servers to assure proper replacement if needed. ISM, Inc. will keep no physical backup copies on our machines. Incremental file backups are performed on our servers, but should not be relied upon soley for data restoration. ISM, Inc. will charge a $150 data restoration fee where applicable.
  9. Down Time: ISM, Inc. will not be held liable for any server downtime due to regular maintenance schedules, FTP malfunctions and/or other factors beyond the control of ISM, Inc.
  10. Functionality: It is the responsibility of the Client to ensure the compatibility of Client's Web Sites to the ISM, Inc. hosting server software.
  11. Revisions: ISM, Inc. reserves the right to make any changes deemed necessary to this agreement at any time, and to post the current information on the ISM, Inc. Web Site. Your continued use of the ISM, Inc. hosting services after the new information has been posted constitutes your acceptance of the new terms.
  12. Abandonment: Any project that has begun in accordance to an estimate or project proposal, where client has ceased all communications on their part for 6 months or more from start of project, may be considered abandoned and the project will be terminated at the discretion of ISM, Inc. Any monies paid to the point of abandonment is non refundable. If client wishes to continue project after it has become abandoned, a new estimate or proposal will be provided to complete the work.
  13. Payment: Payment for ISM, Inc. services shall be made in U.S. dollars via check, credit card or Paypal within 15 days of the date on invoice. All setup fees are non-refundable. Upon request, a recurring billing cycle can be established by ISM, Inc. based on service purchased by Client. If payment is by credit card, Client allows ISM, Inc. to charge the named credit card on the purchase form for those charges listed and any fees past due resulting from non-paid services from future billing cycles.
  14. Default: Client relinquishes all rights to services if payment is not received within 30 days of invoice. If there is a billing dispute, there is no waiver of the 30 day payment due date. Client will pay the required fee and shall be reimbursed if the dispute is found in the Client's favor. Any check that is returned as un redeemable will result in a charge of $25.00. Accounts in default are subject to a $25.00 charge and an interest charge of 1.5% per month of the outstanding balance.
  15. Termination: Either party may terminate the agreement at any time. Upon termination, Client's right to use terminated service ends. ISM, Inc. shall not be held liable for accepting forged email termination notices. Client's sole remedy shall be to have the service reinstated. ISM, Inc. reserves the right to terminate website hosting and email services from ISM, Inc. servers if invoices for such services have gone unpaid for 90 days or more.
  16. Governing Law: Client and ISM, Inc. agree that this agreement is considered to have been made in the county of Allegheny, state of Pennsylvania, in the country of the United States of America. Any action brought under, arising out of, or in connection with this agreement or any breach or alleged breach thereof, shall be brought in the city of Pittsburgh, the county of Allegheny, the state of Pennsylvania, the country of the United States of America.