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General

1. When using the Service provided by DESTRAL.COM defined below you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.
2. DESTRAL.COM reserves the right to alter, ammend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you.
3. This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current DESTRAL.COM Customer when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
4. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
5. Our Site and our Services may contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
6. Our Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by DESTRAL.COM.
7. This Agreement shall be governed by and construed in accordance with the laws of the State of Coahuila, Mexico, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Saltillo, Mexico, with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and DESTRAL.COM. Any cause of action you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred.

Domains

1. Domains included as free with hosting plans are limited to the following top level domain name extensions: COM, NET, ORG, BIZ, WS, INFO on a yearly period. In monthly plans the Customer is required a 3 month paid permanency in order to keep domain registration as free. 6 month paid permanency is required to transfer registered domain to another provider.
2. Domain registration must be done in written communication only either by e-mail or DESTRAL.COM e-commerce website application.
3. We will not hold any responsibility for voluntary or involuntary errors or omissions created by the Customer when ordering a domain name, such as but not limited to mistyping or misspelling a domain name in the application form or e-mail request.
4. DESTRAL.COM cannot guarantee the availability of a domain name at the moment of its request, due to the chance of multiple network request of the same domain name, that’s why we urge the Customer to cover registration fees as soon as possible to avoid “by-the-second” unavailability.
5. No refunds are made once a domain is paid. If domain is paid and unavailable due to networks multiple request for that domain name, the Customer will be notified of this situation and another domain must be picked to fit the paid fee.
6. Once a domain has been registered its spelling cannot be modified.
7. DESTRAL.COM does register country domains on a per-request and per-case basis, although we reserve the right not register a domain name due to restrictions on any given country domain name process. Country domains may vary in prices, therefore they are quoted separately from DESTRAL.COM basic services.
8. DESTRAL.COM suggests the Customer to renew domain names before expiration date to avoid suspension or cancellation of a domain name. If payment is done after the expiration date then DESTRAL.COM does not take any responsibility for the suspension, cancellation or loss of a domain name.
9. DESTRAL.COM does not register domain names to its ownership so the Customer should provide all information details requested by DESTRAL.COM to fulfill domain name registration. Failing in doing so might slow down or avoid registration of a domain name.
10. DESTRAL.COM will secure a domain name for one-year period only through DESTRAL.COM e-commerce online cart or application, additional years registration duration for a specific domain may be added on a on-demand or per-request basis through e-mail. All charges incurred in doing so will be billed to the Customer. If the Customer already possesses a domain name then DESTRAL.COM will transfer the domain name for a fee, listed above, which includes a one-year renewal. Additionally, DESTRAL.COM will coordinate redirecting the name-servers of the Customer’s current domain name to DESTRAL.COM’s hosting server(s). If the Customer desires to maintain his /her own domain name account, he/she will be responsible for renewing the domain(s) and redirecting name servers.
11. All domains registered or transferred through DESTRAL.COM must have at least one web hosting account within our servers.
12. DESTRAL.COM does not sell domain-only services without hosting service.
13. All new web hosting accounts involving new domains will be setup and entered into our DNS servers within 1 to 3 business days. Due to unforeseen complications, especially on country domains, this process may sometimes require up to 5 business days.
14. Each Domain name will have its own domain account, the only exceptions are alias domain names which have the same starting point as the main domain name.
15. New web hosting accounts, which involve the transfer of a domain from another provider to DESTRAL.COM will require a minimum of seven (7) days to be setup and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the Customer cancels service during the transfer period for any reason, all charges are considered earned and no refunds will be made.

Web Hosting

1. DESTRAL.COM provides Website Hosting services, including, but not limited to, Diskspace for File Storage; FTP Access for uploading and downloading files to and from your assigned account.
2. Any means of identification assigned to you by DESTRAL.COM (including username and IP address) will remain the property of DESTRAL.COM. thus DESTRAL.COM reserves the right to alter or replace these forms of identification at any time.
3. DESTRAL.COM makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. DESTRAL.COM reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.
4. In consideration of the Use of the Service, Customer certifies to DESTRAL.COM that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age.
5. You agree to provide DESTRAL.COM with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information must be reported to DESTRAL.COM within 30 days of the change.
6. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close your account. If any information provided by you is inaccurate, not current or incomplete, DESTRAL.COM retains the right to suspend or terminate your account.
7. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.
8. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
9. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects DESTRAL.COM to liability; or is in any violation of the DESTRAL.COM Terms of Service Agreement.
10. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that DESTRAL.COM simply acts as a passive conduit for the distribution and transmission of data.
11. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of DESTRAL.COM.
12. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of U.S. or International export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; and other intellectual property rights.
13. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.
14. Spamming, to send unsolicited commercial email or newsgroup posts, from the server or involving your domain is prohibited.
15. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used is prohibited.
16. Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
17. The use of programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) on the server is prohibited.
18. Also prohibited is unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent.
19. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to: Drug dealing; Attempting without authorization to access a computer system; Pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); Gambling; Schemes to defraud; Trafficking in obscene material; Sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; Threatening bodily harm or damage to individuals or groups; Violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.
20. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
21. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of DESTRAL.COM's servers. You may not post, upload or otherwise distribute copyrighted material on DESTRAL.COM’s servers without the consent of the copyright holder.
22. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; Attempts to circumvent any user authentication or security of host, network, or account; Accessing data not intended for user; probing the security of any network; Spawning dozens of processes; Port scans, ping floods, packet spoofing, and forging router information; Denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; Promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
23. DESTRAL.COM supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, DESTRAL.COM will not substitute itself for a court of law in deciding tort claims raised by the third party.
24. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: Spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); Spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); Passive spamming (promoting a website hosted by DESTRAL.COM by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); Mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); Generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); Propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.
25. You should not send email to any user who does not wish to receive it, either at DESTRAL.COM or elsewhere. DESTRAL.COM recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.
26. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. DESTRAL.COM may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.
27. Violations of the DESTRAL.COM policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that DESTRAL.COM resources are affected, DESTRAL.COM’s staff may shut down your mailbox.
28. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at DESTRAL.COM or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
29. If you are involved in violations of system security, DESTRAL.COM reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. DESTRAL.COM will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
30. System abuse includes any use of DESTRAL.COM's resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
31. Any usage of 10% or more of DESTRAL.COM's system resources is an undue burden on DESTRAL.COM's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.
32. Further, running programs in the background on a DESTRAL.COM server without DESTRAL.COM's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, mailing lists that send more then 1,000 emails a day and the like are not acceptable uses of DESTRAL.COM's servers.
33. A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to DESTRAL.COM for insufficient funds.
34. If you believe that DESTRAL.COM has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old.
35. You are responsible for keeping your email address up to date at the Plesk or CPanel control panel. You may also email this change of address to contact@destral.com if you would like a different email address shown in you panel.
36. You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. DESTRAL.COM does not warrant that the Service will be uninterrupted or error-free. DESTRAL.COM makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through DESTRAL.COM. No advice or information given by DESTRAL.COM, its employees, affiliates or contractors shall create a warranty.
37. DESTRAL.COM shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service.
38. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account contacting contact@destral.com with that request, including your account information (domain name, username, IP address, server name and password).
39. Under no circumstances shall DESTRAL.COM, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
40. You agree to defend, indemnify, and hold DESTRAL.COM and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
41. Your termination will only be complete upon your receipt of a confirmation number from DESTRAL.COM. You will receive this confirmation number via Electronic Mail. Charges to your account will stop accruing the day you receive your confirmation number. DESTRAL.COM will not issue refunds for fees paid in advanced or for accounts that have been activated passed the 30 Day Money Back Guarantee mark.
42. DESTRAL.COM may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement
43. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.
44. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

Web Design

1. You, the Customer, are engaging DESTRAL.COM, a sole-proprietorship, as an independent contractor for the specific project of developing a web site.
2. The Customer hereby authorizes DESTRAL.COM access and “write permissions” to all directories and files needed to accomplish the Web Design order usually consisting but not limited to include web page layout, placement of text, images, navigation internal, external and e-mail links, CSS style sheet and installations of scripts into the Customer’s hosting.
3. All Web Design services in the price list are covered by this agreement unless otherwise stated.
4. The Customer is responsible for providing accurate and reliable contact information. The Customer agrees that any email address given for business purposes will be active and understands that the Customer is responsible for replying to all correspondence sent to that address by DESTRAL.COM. Failure to respond in 30 days may result in a suspension of your account without any refund.
5. Written communication is final, then all communication about - and delivery of - completed work will be conducted by e-mail. You agree to confirm receipt of all e-mails from us by sending our company a "receipt" e-mail. This ensures that there is a virtual "paper trail" documenting our communications throughout the process. The completed work will be delivered to you via e-mail.
6. If we are unable to communicate with a Customer on a project for a period of at least thirty days (30) by phone or email during the design and development process, the project will be cancelled without prior notice and no refund will be issued.
7. The Customer may ask DESTRAL.COM to put a design "on hold" at any time, then resume its development in a period of no more than 120 days of the down payment. The Customer agrees to accept responsibility and payment for all work completed prior to the “on hold” written notice.
8. Notice of cancellation must be received in writing by e-mail, and DESTRAL.COM will invoice the Customer for any work completed for which compensation is not included within the down payment. The Customer agrees to accept responsibility for all work completed prior to written notice of cancellation being received by DESTRAL.COM.
9. The web design/development process although specifically detailed in our FAQs page, basically consists but is not limited to the following phases: 1) Down payment,  2) Design presentation through an image file , 3) Customer revision (up to 3 included) 4) Design authorization 5) middle-process payment 6) Coding 7) Online testing 8) Final payment 9) Delivery.
10. All development, design, testing and online presentations of a web design / development are made at DESTRAL.COM servers until final payment is done then all design goods are transferred to the Customer’s hosting. This condition does not apply if Customer has a web hosting account with DESTRAL.COM for the web site that is being developed.
11. DESTRAL.COM reserves the right to close the web hosting account of the Customer if failed to pay any amount due derived from a web design order.
12. Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. DESTRAL.COM reserves the right to change or update these terms at any time without prior notice.
13. Services purchased from DESTRAL.COM are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall DESTRAL.COM be liable to the Customer for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the Customer. 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 Customer. The entire risk as to the quality and performance of the web design is with the Customer.
14. Customer acknowledges and agrees that DESTRAL.COM cannot guarantee the absence of service interruptions caused by nature or other circumstances beyond their control including, but not limited to, local telecommunications problems, line failures, or temporary down time for maintenance or upgrades. The Customer also accepts that because web pages rely on delivery through a worldwide web of co-operating systems, from time to time, any web site may temporarily experience interruptions beyond the control of DESTRAL.COM.
15. DESTRAL.COM will not design, promote, or attach links to any site that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will DESTRAL.COM design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including but not limited to children, the elderly or the disadvantaged.
16. This agreement contemplates the possibility of an e-commerce enabled site. If a shopping cart is required for the Customer's site then DESTRAL.COM reserves the right to choose the software. The charges for the shopping cart will be listed as a separate order in addition to the base price. A merchant account for the acceptance of credit cards is the sole responsibility of the Customer.
17. DESTRAL.COM takes no responsibility and assumes no liability of any kind for the loss of data or any other damage resulting from provided services regarding the customization of database driven projects, scripts or software either hosted in our servers or third party, such as but not limited to oscommerce, cubecart, wordpress, open-realty, postnuke, etc.
18. DESTRAL.COM may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
19. We reserve the right to refuse service to anyone we view as a potential risk of violating or failure to follow the Terms of Service Agreement.
20. DESTRAL.COM encourages input from the Customer during the design process and provides a limited number of included revisions from the Customer. However, DESTRAL.COM understands that Customers may request significant design changes to pages that have already built to the Customer's specification. To that end, please note that this agreement does not include a provision for "significant page modification" or creation for free of additional pages in excess of our agreed amount. If significant page modification is requested after a page has been built to the Customer's specification, that is after the limited number of included revisions, then DESTRAL.COM must count it as an additional page or additional modifications, which will incur in charges according to the current price list. Some examples of significant page modification at the request of the Customer include but are not limited to: A) Developing a new table or layer structure to accommodate a substantial redesign at the Customer's request. B) Recreating or significantly modifying the company logo graphic at the Customer's request. C) Replacing more than 75% of the text to any given page at the Customer's request. D) Creating a new navigation structure or changing the link graphics at the Author's request. E) Significantly reconfiguring the Customer's shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Customer.
21. The limited number of included revisions, with no charge or extra fee, to a web design is currently set to three (3). Once this limit is exceeded then all revisions, modifications, changes and additions will be charged accordingly based on the current price list.
22. Additional maintenance, revisions, modifications and changes are charged on a per page basis, and not by element on that page.
23. All site maintenance requests, revisions, modifications, changes and additions must be received in writing by email from the Customer’s email address or from a previously designated representative of the Customer.
24. DESTRAL.COM will present the Customer with an emailed estimate of the cost of the maintenance requests, revisions, modifications, changes or additions and the expected completion date.
25. Any maintenance, revisions, modifications, changes and additions requested by the Customer after agreed completion and upload may be subject to additional charges.  Such additional work requested will be considered as a separate work order.
26. DESTRAL.COM is under no obligation to make any maintenance, revisions, modifications, changes or additions that do not arrive in writing through e-mail from the Customer’s email address or from a previously designated representative of the Customer, the same applies to those orders that arrive without an acknowledgement of charges to be billed.
27. DESTRAL.COM has the following delivery speeds: Standard and Urgent.
28. Standard Speed for HTML design considers an initial design concept developed and sent to the Customer, in 4 working days for a first presentation. This is the amount of time required to thoroughly research the Customer’s business sector and understand all its details before DESTRAL.COM creates a unique design. DESTRAL.COM may contact the Customer by e-mail or phone for additional details and discussion.
29. Urgent Speed for HTML design considers that the Customer will receive the initial design concept in a maximum of 2 working days. The Urgent Speed mode also considers a +50% "rush" charge.
30. Xcelsius and Flash services have an additional +2 days margin for delivery than the HTML design services in any given delivery speed.
31. PSD to XHTML convertion service consist in adapting an image or graphics file provided by the Customer to XHTML with CSS format in order to display it on a web browser. Standard speed delivery period for this services is currently set to 2 working days for a first presentation of the XHTML code in DESTRAL.COM servers. Urgent speed applies a +50% "rush" charge as, well and the first presentation to the Costumer is delivered in 24 hrs.
32. DESTRAL.COM understands the importance of completing projects in a timely manner, thus agree to complete the web design project within the agreed date. If the Customer does not supply DESTRAL.COM with complete text, graphic content and other requested materials within 30 days of the down payment, the agreement becomes void and all deposits paid by the Customer are non-refundable.
33. The Customer may request a Project Time Extension in writing by e-mail to DESTRAL.COM for an additional fee of 10% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between DESTRAL.COM and the Customer.
34. All payments in any case are final and non-refundable.
35. Once the Customer approves the graphic web design concept presented, then a middle-process payment of 25% is due (unless prior arrangement with DESTRAL.COM). Once the middle-process fee is paid DESTRAL.COM will begin HTML coding.
36.  To deliver and send the final package or upload the complete Website to the Customer’s hosting server the rest of the web design budget must be paid in full (usually the 25-50% remaining payment).
37. All new web design projects that are $100 US or less require full payment.
38. Projects where the total cost is between $101 and $500 US will be split into two payments. An initial 50% down payment will be due when ordering, the remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the Customer or published to the internet.
39. All new web design projects that exceed $500 US will be split into three payments. An initial down payment of 1/3 of the total project cost will be due when ordering. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web design/development project before it is released to the Customer or published to the internet.
40. Once the work is completed, the Customer is obliged to pay the balance of payment in full. DESTRAL.COM will contact the Customer via email and telephone to remind of such payments if they are not received when due.
41. DESTRAL.COM will not negotiate chargeback issues with any person or company.
42. The Customer represents to DESTRAL.COM and unconditionally guarantees, that any elements of text, graphics, photos, images, designs, trademarks, or other artwork furnished to DESTRAL.COM for inclusion in web site are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend DESTRAL.COM from any claim or suit arising from the use of such elements furnished by the Customer.
43. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both Customer and DESTRAL.COM that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the web site, unless Customer receives direct authorization from the 3rd party.
44. Upon full final payment, DESTRAL.COM agrees that its work product produced in the performance of this agreement shall remain the exclusive property of Customer, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without Customer's prior written consent.
45. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Customer and remain the property of their respective owners where applicable.
46. DESTRAL.COM does not hold any responsibility or will liable if the Customers decides to further use purchased artwork (where applicable) by incorporating it into letterheads, business cards, print advertising where respective owners retain the copyright on each graphic.
47. DESTRAL.COM reserves the right to remove the design from public posting for failure to adhere to the terms of this agreement, including violation of any licensing agreements or failure to pay fees duly assessed, disclaiming any responsibility or liability for the consequences of this action.
48. Customer agrees that DESTRAL.COM may put a small link on the bottom of their web page establishing authorship credit. In order for DESTRAL.COM to remove credit link in the event of the design being altered by a third party, it is mutually agreed that DESTRAL.COM will be notified of any design changes to the Customer’s web site.
49. DESTRAL.COM may use Customer web site as a sample of work in print or through a web site link or image at DESTRAL.COM’s portfolio page. If the Customer don’t want his/her site on DESTRAL.COM’s portfolio please make notice that beforehand writing to: contact@destral.com
50. You as DESTRAL.COM Customer are solely responsible for the content stored on and served by your website.
51. In no event DESTRAL.COM will be liable for suitability, merchantability, or usability of products and services developed and delivered.
52. DESTRAL.COM takes no responsibility for any material inputted by third parties in the Customers website.
53. DESTRAL.COM  is not responsible for the content of any other websites linked to the DESTRAL.COM network; links are provided as internet navigation tools only. DESTRAL.COM disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
54. DESTRAL.COM does not make implied or written warranties for any of our services.
55. DESTRAL.COM denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DESTRAL.COM.
56. DESTRAL.COM will not be liable or become involved in any disputes between the Customers and their clients and cannot be held responsible for any wrongdoing on the part of the Customer. eg. Any disputes for the content/images that have been provided to us for inclusion on the site.
57. DESTRAL.COM will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Customer or any of the Customer appointed agents.
58. DESTRAL.COM will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents

Privacy

1. DESTRAL.COM is committed to the privacy of the Customer.
2. DESTRAL.COM will not share any of the Customer personal infromation to third parties, although personal information that may be displayed on the Customer site is the responsibility of the Customer.
3. We collect certain information from Customers for billing and administrative functions. None of the information collected for these functions is provided to any outside party for any reason.
4. From time to time we receive inquiries for examples of sites hosted or developed by our service. If you rather not like to have your site available for such use, please contact contact@destral.com. No information other than your site name will be provided to the individual making the inquiry. Personal information that may be displayed on the Customer site is the responsibility of the Customer.
5. Security measures are in place to protect against loss, alteration, or misuse of data collected. Customers are responsible for ensuring that only they or their authorized designees utilize their accounts. Suspected incidents of unauthorized use of a Customer account should be reported immediately to our Abuse Investigations department at contact@destral.com.
6. This site contains links to resources outside the DESTRAL.COM web site DESTRAL.COM is not responsible for the content of those sites.

Tech Support

1. Written instructions by e-mail on how to set up Outlook Express and WebMail will be provided by DESTRAL.COM, free of charge, upon a web hosting account registration.
2. Tech support is included and free for web hosting accounts when delivered by e-mail and messenger chat.
3. Tech support is included and free for “on process” web design accounts when delivered by e-mail and messenger chat. Once web design is delivered to the Customer support issues are considered or quoted on a per-request basis.
4. Phone support is not included or free, if needed is quoted separately.