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Legal

The collective documents listed below create Upgrade Web Design’s Terms & Conditions, as well as Privacy & Security.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review all policies posted on this site. These policies also govern your use of Upgrade Web Design Services. We reserve the right to make changes to our site, policies, Service Terms, and these conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Please read this Acceptable Use Policy (“AUP”) carefully before purchasing any products and/or services offerings located on the UpgradeWebDesign.com Website operated by Upgrade Web Design, LLC, a(n) Limited Liability Company formed in Michigan, United States (hereinafter referred to as “Upgrade Web Design,” “UpgradeWebDesign.com,” “us”, “we”, “our”). Your access to and use of this Website and Upgradewebdesign.com Services and offerings is conditional upon your acceptance of and compliance with these Terms set forth in the Master Services Agreement (“MSA”) and including but not limited to our Acceptable Use Policy (“AUP”), Terms of Service (“TOS”), Privacy Policy, Cookies Policy, Website Services Agreement (WSA), Hosting Services Agreement (“HSA”), and if a Services plan has ecommerce included (if applicable and available at time of purchase), our Ecommerce Services Agreement (“ESA”), and our Monthly Payment Terms & Conditions, the following terms and conditions shall apply to all purchases of Upgrade Web Design’s Website Design and Development Services (“Website Services” “Services” or “Website” as further defined below). If you do not agree with all applicable Agreements do not purchase any products or services now or in the future.

ACCEPTABLE USE POLICY (“AUP”)

Last Updated: December 6, 2020

1. SCOPE.
The Acceptable Use Policy (hereinafter referred to as the “Acceptable Use Policy”, “Policy”, and/or the “AUP”) governs the usage of all products and services (collectively, the “Services”) offered by Upgrade Web Design, LLC (along with all subsidiaries, affiliates, successors and assigns thereof, referred to hereinafter collectively as “Upgrade Web Design”, “UpgradeWebDesign.com”, “Company”, “we”, “our”, or “us”). This Policy is incorporated by reference into each agreement between Company and each of our customers (“Customer”) for the purchase and sale of the Services (the “Service Agreement”). The Service Agreement and other terms and conditions applicable to the Services, as well as additional applicable rules and policies found on our website. This Policy is also incorporated by reference into the Terms of Use applicable to our website. We may modify this Policy at any time immediately by posting the modified policy on our website, which will qualify as adequate notice to you.

2. REASON.
The Reason for this Policy is to create a digital environment where our Customers, as well as their site users and the users of the broader internet, are protected to the best of the Company’s ability, from illegal, disruptive, and irresponsible online activities. This Policy applies to visitors of the Upgradewebdesign.com website, as well as each Customer and its employees, agents, contractors, or other users who obtain Services from Company on behalf of the Customer (collectively, “Users”).  All users should apply good judgement and common sense when using Upgradewebdesign.com, purchasing services from Upgradewebdesign.com, or utilizing products and/or services provided by the Company.  It is important to note that our services are only for purchase by those 18 years of age or older. Those under 18 years of age will be required to have a Parent or Guardian to purchase any service and supervise their usage. Parents and/or guardians should maintain constant oversight of Internet activities of minors under their care and how they utilize the services provided by the Company.

3. PROHIBITED USES.
User may not:

3.1. Utilize the Services to send unsolicited emails to third parties. Furthermore, Users may use the Services or software programs provided by Company to send email only if Users ensure that such transmissions fully comply with all applicable regulations, rules,and laws, including, without limitation, the U.S. CAN-SPAM Act of 2003.

3.2. Utilize the Services in connection with any illegal activity or any activity that would otherwise violate any applicable regulations, rules, or federal, state, local, or International laws.

3.3. Utilize the Services in the connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:

  • Utilize the Services to publish or disseminate information that (1) constitutes slander, libel, or defamation, (2) publicizes the personal information or likeness of a person without that person’s consent, or (3) otherwise violates the privacy rights or any person; or
  • Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
  • Utilize the Services in connection with any other offensive, disruptive, abusive, or questionable activity. Without limiting the general application of this rule, Users may not:
  • Utilize the Services to gain unauthorized access to the computer networks of Company or any other person;
  • Utilize the Services to provide passwords or access credentials to persons not authorized to receive such material by the operator of the system requiring the access code of password;
  • Utilize the Services to (1) forge the signature or other identifying mark or code of any other person, (2) impersonate or assume the identity of any other person, or (3) engage in any other activity to attempt to deceive or mislead other persons regarding the true identity of the Use (excluding the use of Internet nicknames or anonymous remailers);
  • Utilize the Services to distribute or post any virus, worm, Trojan horse, adware, or spyware, malware, corrupted data, or computer code intended to destroy data, disrupt services, destroy or damage equipment, or disrupt the operation of Services;
  • Utilize the Services in any manner deemed, in Company’s sole discretion, to display bigotry, racism, hatred or discrimination in any manner whatsoever;
  • Utilize the Services in any manner deemed, in Company’s sole discretion, to be violent, or encouraging violence;
  • Utilize the Services in any manner that might subject Company to unfavorable regulatory action, subject Company to any liability for any reason, or adversely affect Company’s public image, reputation, or goodwill, including, without limitation, sending, displaying or distributing, sexually explicit, hateful, vulgar, racially, ethnically, or otherwise objectionable materials as determined by Company in its sole discretion;
  • Hold Company or its employees, shareholders, or affiliates up to public scorn, ridicule, or defamation;
  • Utilize any third-party software that impairs, disrupts, destroys, or otherwise damages or has the potential to damage Company’s servers and facilities or the servers and facilities of other network hosts or Internet users;
  • Utilize the Services in any manner that exceeds any Company data transfer, bandwidth or storage space limits or otherwise use any such data transfer, bandwidth or storage space in an excessive or abusive manner; or
  • Utilize the Services in any manner to interrupt or interfere with the services usage of other persons.
REMEDIES.
If Company learns of or in its reasonable estimation believes there is a violation of this Policy, Company may, in its sole and absolute discretion, take one or more of the following action, with or without notice to you:
warn the Customer;
  • Remove any offending content;
  • suspend the Services or the offending Customer from the Services;
  • terminate the Services or the offending Customer from the Services;
  • Impose fees or charges on the offending Customer account;
  • Take any other action in accordance with this Policy, the applicable Service Agreement or applicable law; or
  • Take any other action deemed appropriate in Company’s sole discretion.
DISCLAIMER.

Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violation of this Policy. Company has no liability or responsibility to the actions of any of its Customers or other Users or any content any Users may submit to publish on any website.

RESERVATION OF RIGHTS.

Company reserves the right to cooperate with appropriate legal authorities in investigation or claims or illegal activity involving Company’s Services, Customers and other Users. Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of hostile code or viruses, to prevent intrusions and other to enforce this Policy and each Customer agrees that Company is authorized to monitor its communications through Company’s network for such purposes. Any failure of Company to enforce any of its rights under this Policy does not constitute any waiver of such rights.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review all policies posted on this site. These policies also govern your use of Upgrade Web Design Services. We reserve the right to make changes to our site, policies, Service Terms, and these conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.