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ACCEPTABLE USER POLICY
GENERAL
Client's use of ART-TECH INNOVATIONS Network services or Web design & development services constitutes Client's acceptance of all Terms
and Conditions of ART-TECH INNOVATIONS. Client is hereby defined as any person or entity utilizing any
services provided by ART-TECH INNOVATIONS.
Conferred rights and benefits thereof are non-transferable. Use of ART-TECH INNOVATIONS Network or services is expressly limited to Client.
All ART-TECH INNOVATIONS Web design & development services or Network Internet access accounts are defined as follows:
Web Design Development and Print Services :
All variation works requested to be performed must be authorized by client and supported by written
document.
A period of minimum 7 working days is required for our preparation prior to the commencement of
works.
ART-TECH INNOVATIONS is entitled to claim for extension of time should the project be delayed by
others.
Should the Client decide to change the scope of the project at any time during its course, or to
introduce delays to the schedule described, ART-TECH INNOVATIONS reserves the right to review the
budgets quoted and the services described.
In the event of a cancellation after commissioning, ART-TECH INNOVATIONS reserves the right to
invoice a minimum cancellation charge of the confirmation deposit for jobs initiated within seven days of
award. ART-TECH INNOVATIONS also reserves the right to pro-rate charges should the value of work
done be greater than the initial deposit.
In the event of a cancellation after services are carried out, ART-TECH INNOVATIONS reserves the right to invoice all charges for services carried out prior to cancellation or termination of services.
Image reference if required to be borne by the owner eg. Photo library, scanning..etc.
If copywriting is not commissioned, Client must provide copy.
All payments must be made within 7 days from date of invoice.
Accounts remaining unpaid 30 days after due date of invoice shall be subject to suspension of services. ART-TECH INNOVATIONS reserves the right to invoice all charges for services carried out prior to suspension or termination of services.
ART-TECH INNOVATIONS reserves the right to suspend our services to client if upon an indication of
credit problems including delinquent payments and fail to comply on Terms & Conditions and
insufficient time of execution in a task(s) or/and a project(s) of each contract. ART-TECH INNOVATIONS reserves the right to invoice all charges for services carried out prior to suspension or termination of services.
Changes of each page are allowed to a maximum of 3. Subsequently will be additional of S$60.00/page
ART-TECH INNOVATIONS shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this terms or services, including but not limited to damages for lost profits, loss of use, lost data, loss of privacy, damages to third party even if Client has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. In no event shall ART-TECH INNOVATIONS's maximum aggregate liability exceed the total amount paid by the Client for the services.
ART-TECH INNOVATIONS will not return collected fees for services
The designs, names, marks and material created by ART-TECH INNOVATIONS are believed not to infringe upon the rights of others. However, ART-TECH INNOVATIONS cannot warrant that its clients will be immune from claims of others due to the complexity of the laws and regulations governing such rights and the virtual impossibility of searching names and designs worldwide. It is recommended that clients consult their own legal counsel as to both availability and register ability of the proposed designs, names, marks and other materials as soon as those items are finally approved. If Client's availability search determines that the name or design created by ART-TECH INNOVATIONS on and selected by the Client is not legally available, the Client shall have the right to go back to the other alternatives developed by ART-TECH INNOVATIONS and select another name or design for the Client's exclusive use.
Fees quoted are for creation and use of designs for agreed purposes. Copyright for designs remains with ART-TECH INNOVATIONS unless specifically agreed otherwise. Please note that provision of original files such as QuarkExpress,PageMaker, Photoshop, master DV or DVC video tapes, Flash, Director, Shockwave source codes, ASP,WML,XML,PERL and CFML code, JAVA ,PHP programming and server side programming will be retained by ART-TECH INNOVATIONS as author.
ART-TECH INNOVATIONS shall not be deemed to be in default of or to have
breached any provision of any terms as a result of any delay, failure in performance or interruption of the services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond ART-TECH INNOVATIONS's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the services to a date and time mutually agreeable.
ART-TECH INNOVATIONS reserves the right to terminate access to service for any Client Account(s) which have been inactive for six (6) months or longer.
Non-Dedicated Dial-up Connection :
Defined as a client based single-user attended access account. Attended access is defined as
interactive use of an established Internet connection by the account holder. Interactive use requires the
physical presence of the account holder; in other words, attended access. Pings, bots, and
auto-checkers used to keep connections running are prohibited. Single-user is defined as one
concurrent login per access account holder. Multiple concurrent logins for a single-user account will be
considered a request for an additional Internet access account and will be billed accordingly. Use of a
non-dedicated dial-up connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) or connection of a multi-user local area network (LAN) to the Internet is expressly prohibited.
Network to Internet Non-dedicated Dial-up Connection & Dedicated Connection :
Defined as client and/or server based multi-user attended or unattended access account. The use of the
Internet access account connection may be utilized for the purpose of running Internet servers, such as
Mail, Web, Chat, FTP, etc.
Unless expressly authorized under terms of written contract, account sharing, for any type of account
offered by ART-TECH INNOVATIONS, is strictly prohibited and shall be cause for immediate termination of
service.
Discounts may be available for multiple accounts. Client is responsible for all equipment, software
and telecommunications fees & costs necessary to connect to ART-TECH INNOVATIONS Network. ART-TECH INNOVATIONS
offers limited complimentary and fee-for-service Internet connection support for all active
subscribers.
Client agrees to use the service in a manner consistent with any and all applicable local, state,
national, and/or international laws. Use of ART-TECH INNOVATIONS Network for bulk and/or unsolicited email,
commercial or otherwise, is prohibited and shall be cause for immediate account termination. Bulk
email is defined as the same or similar email message sent to more than 25 recipients.
ART-TECH INNOVATIONS offers email list server services for bulk distribution of solicited email materials.
All ART-TECH INNOVATIONS Network subscribers agree to use and use only the email address as confirmed at
time of signup for their "Return" and/or "Reply-To" Internet email address. The use of a "fake" email
address, email address belonging to another Internet user, or no email address as a "Return" and/or
"Reply-To" Internet email address is prohibited and such use shall be cause for immediate account
termination.
Client agrees to utilize appropriate protocols for data transmissions. Email messages are limited to
a maximum size of 5 MB (5120K).
Use of ART-TECH INNOVATIONS Network NNTP news server for spamming is prohibited and shall be cause for
immediate account termination.
Use of the ART-TECH INNOVATIONS NNTP news server for software distribution, cross-posting messages to
more than 10 news groups, the posting of off-topic messages to newsgroups, and/or as an advertising
medium is prohibited and shall be cause for immediate account termination.
Client shall be held liable for any and all costs incurred by ART-TECH INNOVATIONS as a result of Client
violation of these terms and conditions; including but not limited to attorney fees and costs resulting
from Postmaster responses to complaints from and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations.
ART-TECH INNOVATIONS's current hourly rate for Postmaster responses to complaints and cleanup of
unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is
S$150 per hour, with a minimum one (1) hour charge.
The use of programs such as packet sniffers, host and/or service monitoring, and other similar programs
is forbidden. ART-TECH INNOVATIONS monitors all network services around the clock. Dedicated access
subscribers may request host and/or service monitoring for their connections, there is a fee for this
optional service. Please email admin@arttechinnovations.com for additional information on this optional service.
Client is responsible for all use of account(s) and confidentiality of password(s). ART-TECH INNOVATIONS
will suspend or change access to Client's Account(s) immediately upon notification by Client
that a password has been lost, stolen or otherwise compromised; there is an administrative fee for this
service. Client is responsible for all charges incurred up until notification of password compromise.
It is ART-TECH INNOVATIONS policy that each user receive a complete list of Network and personal settings
upon account sign-up. We request that you maintain this copy in a secure place. Repeat requests for
faxing, mailing, and/or emailing account settings are subject to an administrative fee.
For purposes of network use, ART-TECH INNOVATIONS hereby distinguishes Business Accounts to be any
account held by a Sole Proprietor, Partnership, Corporation, or any other entity engaged in an ongoing
"Business Enterprise" and Personal Accounts as an account held by an individual for personal use,
research, and recreation. All account activation require the disclosure of intended use, be it business,
home business or personal, and any account misrepresentation shall be cause for immediate
termination. Unless otherwise expressly provided by written contract, the resale, transfer, or trade of any
ART-TECH INNOVATIONS Account and/or Services is strictly prohibited.
Inquiries regarding "Accounts for Resale" should be directed to the ART-TECH INNOVATIONS Sales Manager.
Personal Use Accounts receiving storage space for a Personal Web Page are subject to certain use
restrictions for said personal page. A Personal page may be used for personal Internet distribution of
subscriber's personal information such as: bio, resume, privately owned items for sale, hyperlinks to
favorite Web locations, and information to let the world know who you are and what you think. A
Personal Page, other than for personal recommendations, may not be used for any business related
activities such as: advertising, sales, marketing, promotions, posting information for other individuals or
businesses, software FTP site, any illegal activity, and any other activities prohibited by the ART-TECH INNOVATIONS Network's terms and conditions.
BILLING
Client is solely responsible for any and all local or long-distance telecommunication charges for
connecting directly to ART-TECH INNOVATIONS Network or indirectly via any access broker or access
intermediary. It is the sole responsibility of the Client to determine if provided by ART-TECH INNOVATIONS.
Network access telephone number(s) will be a local telephone call. Client agrees to pay ART-TECH INNOVATIONS
all charges relating to use of Client's Account(s). Client acknowledges that there is
a 90 day minimum subscription period, which means no full or partial refund of the initial month's service
fee and activation fee will be given if service is canceled within the initial 30 day subscription period.
Additionally, all cancellations become effective at the end of the current billing period for monthly
subscribers or the end of the current billing month for quarterly subscribers. There are no refunds issued
for a partial period of service.
It is the sole responsibility of the subscriber to track their own on-line connection time. This may be
accomplished by recording the time listed on your PPP connection dialer prior to disconnecting. There
is a fee (currently S$15 per user account) to obtain accounting records for the current billing cycle from
ART-TECH INNOVATIONS.
Sales and use taxes and all other applicable taxes which are applicable to the provision of services shall
be borne by Client regardless of whom the taxes and levies are or were imposed upon.
Service may be subjected to credit limits and/or security deposits as established by ART-TECH INNOVATIONS
A credit limit is applied to all accounts.
ART-TECH INNOVATIONS reserves the right to suspend Client's access to our services if Client exceeds
his/her credit limit. Service is invoiced in advance: monthly, quarterly or yearly.
ART-TECH INNOVATIONS reserves the right to change its rates and/or services by notifying you 7 days in
advance of the effective date of change. Invoices are delivered by electronic mail (email). Invoices
delivered by any means other than email are sent only on request, and an additional fee (currently
S$10.00) will be charged for each invoice.
Your service activation date will be listed as the first day of your monthly, quarterly, or yearly billing
cycle, as appropriate. Clients with a quarterly or yearly billing cycle will be invoiced one month prior
to the end of their current billing cycle for all standard base service rates, and payment will be due not
later than the first day of the next billing cycle. Clients with a monthly billing cycle will be invoiced
and have their credit card of record charged on the first day of the next billing cycle for all standard base
service rates.
Accounts remaining unpaid 7 days after due date of invoice (the first day of the next billing cycle) will
incur a late payment fee (currently $10), experience service interruption, and shall be subject to
termination if unpaid after 30 days. Such interruption does not relieve you from the obligation to pay the
monthly account charge. Only a written request to terminate your service relieves you of your obligation
to pay the monthly account charge. Written requests will be accepted via US Postal mail, facsimile, or
email originating from your ART-TECH INNOVATIONS Network email address.
A verbal request via telephone will be accepted in lieu of a written request with the provision that you
provide dialup username and password for verification and that the dialup username and password
matches our records exactly. A defaulted account accelerates payments to be due immediately as
credit will no longer be extended.
All other charges, such as usage, traffic, maintenance, and/or other charges based on monthly usage
will be invoiced at the end of each billing month and shall be due upon receipt.
If your payment instrument is returned unpaid for any reason, including but not limited to over limit,
expired, or otherwise not available to make payment, you will be notified of such by telephone and
email. Checks and/or money orders that are returned by the bank for any reason will incur a S$25
returned check fee. It is the sole responsibility of the Client to insure their payment instrument
information is maintained current and available for payment of incurred fees.
ART-TECH INNOVATIONS reserves the right to suspend access to service for Client's Account(s) upon an
indication of credit problems including delinquent payments. A reconnection charge equivalent to
applicable activation fees will apply after payment of any outstanding balance for accounts over thirty
(30) days past due.
If you default, you agree to pay ART-TECH INNOVATIONS its reasonable expenses, including attorney and
collection-agency fees, incurred in enforcing its rights under these Terms and Conditions.
OWNERSHIP/COPYRIGHT
Information available on ART-TECH INNOVATIONS Network is the property of ART-TECH INNOVATIONS, its Information
Providers, or other Clients. Client shall not redistribute, reproduce, or commercially exploit such
information without express written permission of its owner.
Information Providers shall have the right to assert and enforce such copyright provisions directly on
their own behalf.
Client submitting information owned by Client for distribution on ART-TECH INNOVATIONS Network
grants ART-TECH INNOVATIONS non-exclusive permission to distribute the information product worldwide.
Clients retain all rights Client may have to such information and should expressly state such
rights in conjunction with said information.
LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR
ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.
Neither ART-TECH INNOVATIONS nor its Information Providers are responsible for any damages arising from
Client's use of ART-TECH INNOVATIONS Network or inability to use ART-TECH INNOVATIONS Network. There is no
guarantee of message delivery. Email return receipts may be requested, but there is no guarantee that
the recipient's mail system will process or even acknowledge these requests.
ART-TECH INNOVATIONS is not responsible for Client's files residing on ART-TECH INNOVATIONS Network.
Client is responsible for independent backup of all such data at a site determined by Client.
ART-TECH INNOVATIONS cannot and does not exercise any control whatsoever over the information passing
through its network or through the Internet.
Due to the potential threat of viral attack, ART-TECH INNOVATIONS highly recommends the practice of safer
computing to protect against computer viruses.
ART-TECH INNOVATIONS is in no way responsible for any data loss or damage arising from viral infection from
the Internet. Clients undertake browsing and downloading of Internet files at their own risk. Consult
with your local computer reseller, systems analyst, consultant, and/or management information
systems personnel determine the anti-viral protection program best suited to your needs.
Client is hereby warned that some Internet sites accessible via ART-TECH INNOVATIONS Network allow
posting, retrieval, and/or electronic mailing of materials that may be considered obscene or
objectionable. ART-TECH INNOVATIONS is not responsible for inadvertent or deliberate access to such material
and cannot prevent access of such material. It is recommended that each Client closely monitors
use of his/her account especially in the case of potential use or misuse by minor children. Accounts for
minor children must be opened by a parent or legal guardian with their explicit consent.
ART-TECH INNOVATIONS Network services may be used only for lawful purposes.Transmittal of any material in
violation of any international or local regulation is prohibited. This includes, but is not limited to:
copyrighted materials, material legally judged to be threatening or obscene, or material protected by
trade secret. You agree to indemnify and hold harmless ART-TECH INNOVATIONS from any claims resulting from
your use of the service which damages you or another party.
Any access to other networks through the ART-TECH INNOVATIONS Network must comply with the rules
appropriate for the other network. Violation of the rules of other networks is grounds for account
cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass
emailing, and/or the sending of unsolicited commercial email.
ART-TECH INNOVATIONS and its affiliates shall not be liable under any legal theory (including tort or contract)
for any direct, indirect, incidental, special or consequential damages in any way related to the product
or services provided.
The services provided by ART-TECH INNOVATIONS are data transport and storage. These services are
contracted with adults of legal age only, and shall be governed by the laws of Singapore. Any access of
these services by minors, or by residents of Singapore or localities other than Singapore, are the
responsibility of the service user and not ART-TECH INNOVATIONS . All users are expected to abide by the laws
of Singapore. Upon notification of violation of law, ART-TECH INNOVATIONS may at its discretion immediately
terminate the account without refund.
OPERATION
ART-TECH INNOVATIONS reserves the right to change its services without notice including but not limited to
access procedures, hours of operation, menu structures, commands, documentation, and services
offered. Notice of modifications to these Terms and Conditions will be posted to this ART-TECH INNOVATIONS
Network Web page. Clients are encouraged to review the current Terms and Conditions of Use on a
regular basis. Client's use of ART-TECH INNOVATIONS Network after such notice shall constitute Client
acceptance of such modifications.
Client understands that ART-TECH INNOVATIONS Network services may be interrupted for several reasons,
including but not limited to malfunctions, maintenance, improvement or as required to protect network
resources in the event of malfunctions or misuse. Client understands that it may not receive
advance notification of any such interruption of service. Scheduled outages will be publicized on-line at
our Scheduled Maintenance and Operational Events page.
ART-TECH INNOVATIONS shall not be liable for any delay in or failure to perform the services caused by
circumstances entirely beyond its control such as those occasioned by acts of God or other causes or
which it could not have reasonably foreseen or any other cause which similarly impedes the providing of
service.
There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours
duration. At its sole discretion, ART-TECH INNOVATIONS may elect to provide a pro rata or additional/extension
of service refund for service interruptions of greater than 24 hours.
Client hereby agrees that any material submitted for distribution on ART-TECH INNOVATIONS Network
through Client's Account(s) does not violate or infringe upon any copyright, trademark, patent,
statutory, common law or proprietary rights of others, or contain anything obscene, objectionable, or
libelous.
ART-TECH INNOVATIONS at its sole discretion and judgment may immediately suspend Client's access to
the service upon any breach of any of the Terms and Conditions by Client, including, but not limited
to, refusal or failure to pay for services provided or disruptive on-line behavior.
ART-TECH INNOVATIONS reserves the right at its sole discretion to delete any information entered into ART-TECH INNOVATIONS
Network computer systems by Client. ART-TECH INNOVATIONS and its authorized
representatives shall retain the right, but shall not be obligated, to review/accept/reject publicly viewable
information.
ART-TECH INNOVATIONS reserves the right to disconnect non-dedicated dial-up connections with inactivity for
more than 10 minutes ("time-out").
Non-dedicated dial-up connections may not be utilized as a dedicated connection, and ART-TECH INNOVATIONS
reserves the right to disconnect non-dedicated dial-up connections exceeding 8 hours in
connection duration.
ART-TECH INNOVATIONS reserves the right to delete Client's personal files for which a storage fee has not
been paid and which have not been accessed for more than one (1) month.
ART-TECH INNOVATIONS reserves the right to terminate access to service for any Client Account(s) which
have been inactive for six (6) months or longer.
ART-TECH INNOVATIONS reserves the right to refuse and/or terminate service to anyone or any entity for any reason at its sole discretion with or without notice.
ART-TECH INNOVATIONS server hosting Clients are required to sign a server hosting contract which delineates other terms and conditions.
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