To the right, you will see the sidebar where you can browse through my clients and contracts. Frequently, I design and maintain websites for personal or commercial use as you can see from my client list. The contracts that I have held over the last few years are typically for PC Deployments, Data Migration, Virtual Office Solutions and other IT related assignments. When necessary, I have a team of IT professionals at my disposal for high volume contracts.

The calendar, also to the right, not only keeps you apprised of recent blog posts, but also reminds you what day today is.

There is a handy search bar at the top and to the right, tabs for different pages within my site.

Pictures found on this site are not for stealing, please ask before you attempt to take them.

Hosting Terms and Conditions

Description of Services

EmilyGaston is a web presence provider allowing Client’s web site to be accessed via Client’s domain name (e.g. yourname.com) by anyone with access to a web browser connected to the Internet. EmilyGaston provides the disk space in which the files composing Client’s web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as “Web Hosting.”
Web Hosting is not Domain Name registration. The registration of your domain name is a separate item and is not included in or affected by your web hosting service.

Authorization of Charges (Payment of Fees)

Client authorizes EmilyGaston to charge credit card supplied by Client on the first day of the service period. Payments not received in EmilyGaston’s office by the fifth of the month will be subject to service interruption and subsequent reconnect fee of fifty dollars.
The account holder is financially responsible for payment of all charges for services or products furnished to the account holder by EmilyGaston or affiliates. As a courtesy, invoices are generated by EmilyGaston prior to the service period. The absence or lateness of invoicing does not extend or modify payment terms. If Client requests additional storage space Client authorizes EmilyGaston to charge an additional six dollars per fifty megabytes of storage requested per month, or to upgrade to a more appropriate web hosting account.

If verification of Client’s supplied credit card information fails requested charge by EmilyGaston for initial monthly fees or for any of the monthly fees thereafter EmilyGaston reserves the right to refuse, suspend, or cancel service pending EmilyGaston receipt of valid credit card information or payment by other means from Client. Client agrees to notify EmilyGaston of any changes to Client’s credit card information.

Account Cancellation

Account Holder must provide a minimum of 15 days advance notice to EmilyGaston to cancel its Internet Services in whole or in part. Cancellations must be received in writing. Acceptable forms of cancellation are email, fax, or postal service. All unpaid charges must be satisfied prior to the return of any equipment.
EmilyGaston offers a 15 day Money Back guarantee. If you are unhappy with the service or wish to close out your account you must do so within 15 days of your signup to receive a credit in full. Client is not eligible for any refund after the 15 day evaluation period.

Customers who sign up for the 12 month billing cycle are required to commit to the 12 month term. This is a contract term and any cancellation after the 15 day evaluation period will not receive any credit or refund for unused time of service.

Content Restrictions

All services provided by EmilyGaston may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any federal, state, or local law is strictly prohibited. This includes but is not limited to copyright or trademarked material and material protected by trade secret.
Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may imply sexual content; links to such adult content elsewhere are also prohibited.

Sites that promote any illegal activity, such as Warez sites, are discouraged but not prohibited; links to such materials are discouraged but are allowed. Actual files, including but not limited to pirated software and MP3 files, are strictly prohibited from being stored on Design-ITS servers.

Examples of unacceptable content include the following: Adult sites, Pirated software, MP3 files or archives.

EmilyGaston reserves the right to remove any material from Client’s web space that is deemed unacceptable by us. EmilyGaston reserves the right to terminate Client’s account without refund at our discretion if said material is discovered. EmilyGastonis the sole arbiter as to what constitutes a violation of the above provisions.

Client will not install Client’s own chatroom of any kind because they tend to be large “system hogs”.

Spam Policy

EmilyGsaton servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Client’s domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.
EmilyGaston considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred-fifty (150) dollars will be imposed for each Spam policy violation. EmilyGaston is the sole arbiter as to what constitutes a violation of the above provisions.

Server Abuse

Any attempt to undermine or cause harm to EmilyGaston server or another EmilyGaston Client is strictly prohibited.
Any attempt to undermine any EmilyGaston web site or a web site of another EmilyGaston client is strictly prohibited and may result in immediate termination of services rendered by EmilyGaston without refund. EmilyGaston is the sole arbiter as to what constitutes a violation of the above provisions.

Indemnification

Client agrees that it will defend, indemnify, and hold harmless EmilyGaston from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney’s fees, asserted against EmilyGaston, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless EmilyGaston against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with Design-ITS servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client’s customer from EmilyGaston servers.

EmilyGaston assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one of them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client’s products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

Disclaimer

EmilyGaston will not be held responsible for any damages you or your business may suffer. EmilyGaston makes no warranties of any kind, expressed or implied, for services rendered. EmilyGaston disclaims any warranty or merchantability or fitness for a particular purpose. EmilyGaston assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of “Acts of God”. EmilyGaston will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from EmilyGaston.
Term

The term of this Agreement will continue until a notice of cancellation by EmilyGaston or Client is given, or until terminated under other provisions of this Agreement. EmilyGaston reserves the right to terminate this Agreement without cause upon notification to the Client. EmilyGaston may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by EmilyGaston to implement this Agreement is disrupted or terminated for any reason.
Presumption of Agreement

By signing up with EmilyGaston, be it using EmilyGaston online sign up form or contacting in any way an employee, officer, agent, or director with request for EmilyGaston to provide Client services, Client (1) authorizes EmilyGaston to take the actions necessary in order to setup Client’s account, including charging credit card supplied by Client at time of sign up; (2) re-delegation and or transfer of domain names and (3) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in a court of law.
Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, EmilyGaston will be entitled to damages, costs, and attorney’s fees from the Client.
Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. EmilyGaston may make amendments or modifications to this Agreement at any time. Whenever practical, EmilyGaston will notify Client of changes to this Agreement.
Content managed website, Business Web Starter, Lead Generator, Personal Pages

© 2010 EmilyGaston
Terms and Conditions – Hosting

Website Design and Development

Terms and Conditions

By placing an order with www.emilygaston.com, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions

The Client : The company or individual requesting the services of www.emilygaston.com.
EmilyGaston: Primary designer/site owner & employees or affiliates.

General

EmilyGaston will carry out work only where an agreement is provided either verbally, by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between EmilyGaston and the client, this includes telephone and email agreements.
Website Design

While every endeavour will be made to ensure that the website and any scripts or programs are free of errors, EmilyGaston cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
EmilyGaston cannot take responsibility for final proofing of text or website content. The final responsibility for checking the sites functionality and content lies with the client.

The website, graphics and any customised programming will remain the property of EmilyGaston.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by EmilyGaston remain the copyright of www.emilygaston.com and may only be commercially reproduced or resold with the permission of EmilyGaston.

EmilyGaston cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the original brief will be carried out at the discretion of EmilyGaston. Additional work of this nature can be charged for at the rate of $25/hour.

Once an order has been made, the client agrees to provide all necessary information to EmilyGaston within the set time frame of the project. In a case where the client has not supplied content within the time frame, thus rendering EmilyGaston unable to complete the job, the full project price is payable.

EmilyGaston will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

EmilyGaston will not be held liable, or become involved in, any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

EmilyGAston 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.

A deposit of 50% is required with any project before any design work will be carried out. This figure is negotiable for projects exceeding $3500.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development

EmilyGaston cannot take responsibility for any losses incurred by the use of any software created for the client. While every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by EmilyGaston remain the copyright of EmilyGaston and may only be commercially reproduced or resold with the permission of EmilyGaston.

Where applications or sites are developed on servers not recommended by Design-ITS, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required to allow the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to fully test any application or programming relating to a site developed by EmilyGaston before it is made generally available for use. Where “bugs”, errors or other issues are found after the site is live, EmilyGaston will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

EmilyGaston will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and 7, Firefox and to an acceptable level with other Mozilla browsers. EmilyGaston can offer no guarantees of correct function with all browser software.
Search Engines

EmilyGaston accepts no responsibility for Search Engine ranking for any of its clients websites. EmilyGaston has no direct control over these rankings.
Website Hosting

EmilyGaston reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Please see Hosting Terms for additional conditions.
Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the www.emilygaston.com policy that any outstanding accounts for work carried out by EmilyGaston or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with EmilyGaston.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or EmilyGaston has not been contacted regarding the delay, access to the related website may be denied and web pages removed. We will then pass such cases to the Small Claims Court to pursue payment; non-payment can result in county court judgements (ccj’s) being added to the client’s credit rating.

Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and, if need be, to seek payment through legal procedures and court summons.

Complaints Procedure

Informal procedure
Anyone who experiences a problem with their web service provided by EmilyGaston should raise the matter directly by sending an email, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

EmilyGaston will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to EmilyGaston, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Content managed website, Business Web Starter, Lead Generator, Personal Pages

© 2010 EmilyGaston