Terms and Conditions
All services provided by Vizhurrah, LLC are subject to the following terms and conditions:
- Terms and Conditions
- Terms and Conditions—Website Hosting
- Warranty Disclaimer
- Limitations of Vizhurrah's Liability
- Indemnification of Vizhurrah
Price quotes provided to prospective clients will be honored for a period of 30 days. After 30 days, a new price quote will be provided upon request.
Vizhurrah does not require written contracts, nor will Vizhurrah enter into any written contract provided by the client. All of our services are warranted by the terms and conditions outlined on this page.
Vizhurrah requires a 50% deposit before we begin work on any project. During the design process, additional charges may be added if the client requests more work than was originally requested. The remaining project balance is due before the site is deployed. All web design projects that are $500 US or less require full payment up front.
For the redesign of a website Vizhurrah typically requires the agreeded upon fee be paid before the work is performed.
For website maintenance Vizhurrah requires the agreeded upon fee be paid before work is performed.
Any payments by check that do not clear will be charged a $35 fee. Vizhurrah retains the right to withhold all graphics and project development, with the exception of content and graphics provided by the client, until the final balance is paid in full.
A link to www.vizhurrah.com will be placed in the footer of every webpage to signify that Vizhurrah created your website. If you wish to have this removed from your website, simply request that it be removed.
Upon acceptance of your final payment, Vizhurrah transfers all rights and ownership of CUSTOM designs created by Vizhurrah to the client. Open Source code, software and third party graphics are not transferred to the client and remain under copyright of their respective owners. All rights of ownership of programming written by Vizhurrah are not transferred.
If a balance remains unpaid by a client, Vizhurrah reserves the right to resell web sites, unaccepted mockups or other graphics.
Vizhurrah reserves the right to display websites and graphics that have been designed by Vizhurrah on any portion of our website (www.vizhurrah.com), and in any marketing material to aid as examples of our work.
A request to terminate services must be presented to Vizhurrah in order to qualify for a refund. Otherwise, please follow the refund terms below.
Refund Amounts will be calculated in the following ways:-
A full refund of your initial payment will be issued for projects that have been booked, but the development of the initial designs has not yet begun.
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If work has begun on a project, the client will be billed at the hourly rate of $75 per hour for work completed. Should the amount of time put into the project be greater than the initial deposit paid to Vizhurrah, the client will be billed the difference. Upon payment of these fees, the work completed up to the time of termination will be released to the client.
Refunds will be processed within 30 business days of request by the client, if a refund is warranted based on the terms outlined above.
Vizhurrah will not enter into negotiation if a chargeback is initiated by any person or company. Our refund policies are clearly stated above.
Vizhurrah understands the importance of completing projects in a timely manner. Vizhurrah will attempt to complete all projects by the completion date agreed upon by the client and Vizhurrah. If for any reason Vizhurrah cannot complete your project by the agreed upon date of completion, the client has the right to terminate contract and request a refund (see refund clause).
If a client does not respond to all attempts at communication for a duration of at least twenty consecutive days (20) by phone or email during the design, the project will be canceled without prior notice and no refund will be issued. If the project is in the development and testing process, the client will be billed an hourly rate of $75 for work completed.
Web Design services purchased from Vizhurrah are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. Vizhurrah shall not be held liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the provided website, services, and/or goods. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
Vizhurrah will not accept projects that we find morally questionable, unethical, or distasteful. Vizhurrah has the right to deny service to any individual or company, for any reason, without risk.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. Exclusive jurisdiction and venue is as governed in the district court of Montgomery County, Rockville Maryland.
Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. Vizhurrah reserves the right to change or update these terms at any time without prior notice.
You must be 18 years of age to request our web hosting services.
Web hosting services are provided on an annual basis.
We provide a 30 day money back guarantee for hosting accounts. However, if you register a new domain name with your account and choose to cancel, the domain registration fees will be deducted from the refund. You will maintain full ownership of the new domain after you have canceled your hosting with us.
Because we are a small web hosting provider we are unable to offer refunds after the first 30 days for hosting and SSL. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
No Spamming (unsolicited bulk email) allowed.
No material that provides sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, weapons, pirated materials, instructions on making, assembling or obtaining illegal goods or weapons to attack others. Information used to break, copyright, violate the trademark of or to destroy others property or information. Information used to illegally harm any people or animals.
Foul language and profanity in the site content, and in the domain name are prohibited.
All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
Vizhurrah reserves the right, but is not obligated to review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.
You must retain accurate contact information to avoid having your account terminated.
You agree that Vizhurrah may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service.
If you discover anyone on our system violating any of these terms or notice anything suspicious from our network, report it at security@vizhurrah.com for investigation. We will immediately terminate any account we feel has been in violation of any of these terms.
Vizhurrah reserves the right to refuse service to anyone for any reason.
We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. Vizhurrah will never violate that trust.
Vizhurrah will not sell your personal information.
Vizhurrah keeps all your information confidential.
Vizhurrah reserves the right to temporarily suspend any hosting account that has an unpaid balance that is 30 days past due. All websites and associated email accounts will be temporarily suspended in the case that a payment becomes 30 days past due. Once a payment is made on the past due account, all websites and email accounts will be released from suspension.
While Vizhurrah will provide our clients with reasonable notification, Vizhurrah reserves the right to temporarily suspend any website or email account without notification if an unpaid balance becomes 30 days past due.
We at Vizhurrah strive to offer the best in the industry for Network and Server uptime. Like all shared hosting companies from time to time we experience downtime.
We Guarantee! that our network will stay up 99.9% of the time.
Server uptime on the other hand is dependent on a variety of issues, ranging from the activity by our clients, traffic to other sites, hardware failure, to issues like hard-drive failure and file corruption. Most issues are resolved in approximately 15 minutes, however on extreme issues it may take more than 15 minutes to resolve the issue. In these extremely rare circumstances the server may require additional time to resolve the issue. This can take several hours and in very rare cases as much as a day to get your server back up and running.
Vizhurrah is dedicated to providing the best web design and web hosting service possible to every one of our clients. We are also dedicated to staying on top of available technology.
While Vizhurrah will provide our clients with reasonable notification, Vizhurrah reserves the right to change its policy at any time to meet the needs of our customers, changing laws and new technology.
You must be 18 years old to establish an account for paid Services, and you represent that you are at least 18 years old by registering for such Services. Parents may obtain an account for the Services for minors, and by doing so, consent to such minor's use of such Services. Parents assume full responsibility and liability associated with a minor's use of any of the Services.
Vizhurrah understands that many of you are concerned about cookies. We provide this Cookie Policy Statement to let you know how we use this technology. Vizhurrah uses cookies to help us improve our website and member account services.
For our customers, Vizhurrah uses cookies to store user names for added convenience to the Webmaster. As part of our web hosting package, Vizhurrah offers password-protected web-based accounts. By storing the customers' Usernames in a cookie, the customer will not have to keep filling out form fields when they desire to manage their account. (The cookie does not store passwords.) Vizhurrah is dedicated to using the newest technologies in order to simplify our customers' lives.
This isVizhurrah's Usage Policy, which supplements the service agreement of each user of Vizhurrah's services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using Vizhurrah's services, network, and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. Vizhurrah will revise this Usage Policy from time to time. A Subscriber's use of the Services after revisions to the Usage Policy posted on Vizhurrah's website at www.vizhurrah.com, will constitute such person's acceptance of any changes or additions to the Usage Policy.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Vizhurrah is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Spamming, whether or not it overloads the Services or disrupts service to Vizhurrah's Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. Vizhurah reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
We do not allow the use of anonymous proxy scripts on our servers. They can be very abusive to the server resources, affecting all users on that server.
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Vizhurrah is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
The use of the Services to engage in any activities that are determined by Vizhurrah, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Vizhurrah will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Engaging in any activity that, in Vizhurrah's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Vizhurrah's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Vizhurrah's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with Vizhurrah in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.
In general, Vizhurrah does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when Vizhurrah becomes aware of any violation of this Usage Policy or its User Agreement, Vizhurrah may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Vizhurrah may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. Vizhurrah reserves the right to take any such action even though such action may affect other customers of the Subscriber.
Vizhurrah may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Vizhurrah or others from harm, and/or to ensure the proper operation of the Services. Vizhurrah has no obligation to notify any person, including the Subscriber about whom information is sought, that Vizhurrah has provided the information.
In accordance with the Digital Millennium Copyright Act, Vizhurrah has adopted a policy that provides for termination of websites hosted by Vizhurrah that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Vizhurrah or its subsidiaries, and the copyright holder wants Vizhurrah to remove the website or disable the material in question, Vizhurrah will remove the website or disable the material if the copyright holder provides us with all of the following information:
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A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
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Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
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Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
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A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. VIZHURRAH HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY VIZHURRAH ONLINE WEB SERVICE'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY VIZHURRAH DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. VIZHURRAH DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. VIZHURRAH DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ATX WEB DESIGN IN PARTICULAR.
VIZHURRAH SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL VIZHURRAH BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT VIZHURRAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. VIZHURRAH SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. VIZHURRAH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL VIZHURRAH LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO VIZHURRAH FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR VIZHURRAH MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, VIZHURRAH'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold Vizhurrah, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of the Rules or use by you or any third party of the Services, except to the extent the foregoing directly result from Vizhurrah's own negligence. Vizhurrah reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for Vizhurrah in that matter.
IF YOU DO NOT AGREE TO THE RULES, YOU MUST DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, REQUEST THAT WE TERMINATE YOUR ACCOUNT.
Changes to the Rules and Services Apply to You. You may review the most current version of the Rules at the Site. Vizhurrah may change the Rules or change the scope of the Services, in whole or in part, at any time at Vizhurrah's sole discretion. Posting of such changed Rules on the Site shall constitute notice of such changes to you, although Vizhurrah may choose additional types of notice. Vizhurrah will use reasonable efforts to provide you with 7 days advance notice of changes to the Rules that materially and adversely impact your use of the Services. Your continued use of the Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account.