IT Home Services :: Terms of Service

1. AGREEMENT BETWEEN THE CLIENT AND IT Home Services

Before you hire IT Home Services, please take the time to read our terms of service agreement. Our services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, as well as subsequent agreements pertaining to specific services. Your use of our services constitutes your agreement to all such terms, conditions, and notices.

2. TERMS & DEFINITIONS USED WITHIN THIS AGREEMENT

"We", "our", "us" and "it" refer to IT Home Services and all of it's employees, officers, representatives and agents.

"You", "your", "their" & "the client" refer to the client and any of the client's employees, officers, representatives, agents, associates and/or family members.

3. MODIFICATION OF THESE TERMS OF SERVICE

IT Home Services reserves the right to, at any time and without prior notice, change the terms, conditions, and notices under which our services are offered, including but not limited to the charges and fees associated with the use of our services. All changes will be made at our sole discretion. Anyone not wishing to comply with the new policies or terms of service will be asked to terminate the business relationship with IT Home Services immediately and without prejudice.

4. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of our services, you warrant to IT Home Services that you will not use any products or services provided by IT Home Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the IT Home Services company communications or Web Sites.

5. MATERIALS PROVIDED TO IT Home Services OR POSTED AT ANY IT Home Services WEB SITE

IT Home Services does not claim ownership of the materials you provide to IT Home Services (including feedback and suggestions) or post, upload, input or submit to any IT Home Services Web Site or its associated services (collectively Submissions). However, by posting, uploading, inputting, providing or submitting your Submission you are granting IT Home Services, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. IT Home Services is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in IT Home Services' sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

6. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IT Home Services COMPANY & WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN AND BY COMPANY COMMUNICATIONS. IT Home Services AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE IT Home Services WEB SITE AT ANY TIME. ADVICE RECEIVED VIA IT Home Services SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IT Home Services AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS PROVIDED BY IT Home Services OR CONTAINED ON THE IT Home Services WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. IT Home Services AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IT Home Services AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF IT Home Services OR THE IT Home Services WEB SITE, WITH THE DELAY OR INABILITY TO USE THE IT Home Services WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH IT Home Services OR THE IT Home Services WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES OR THE IT Home Services WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT Home Services OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IT Home Services COMPANY OR WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES OR THE IT Home Services WEB SITE.

SERVICE CONTACT :

7. TERMINATION OF PROFESSIONAL RELATIONSHIP

IT Home Services reserves the right, in its sole discretion, to deny or terminate any business relationship between IT Home Services and any person, company or legal entity and deny or terminate any related services or any portion thereof at any time. Reasons IT Home Services would terminate such a relationship include but are not limited to; breach of contract by the client, non-payment of debt, illicit activities performed by the client and acting in bad faith on the part of the client.

8. GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Macomb County, Michigan, U.S.A. in all disputes arising out of or relating to the hiring of and use of IT Home Services, it's Web Site and services and products provided by IT Home Services. Use of the IT Home Services Web Site and services provided by IT Home Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IT Home Services as a result of this agreement or use of the IT Home Services Web Site. IT Home Services' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IT Home Services' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IT Home Services Web Site or information provided to or gathered by IT Home Services with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IT Home Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IT Home Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

9. COPYRIGHT AND TRADEMARK NOTICES:

All contents of the IT Home Services Web Site are: Copyright 2003-2006 IT Home Services and/or its suppliers. All rights reserved. Except as stated within the IT Home Services Web Site, none of the material, including but not limited to text, photographs, graphics, source code and/or software, may be modified, copied, reproduced, republished, displayed, downloaded, posted, transmitted or distributed, in any manner, or by any means, without the express written permission of IT Home Services, or where applicable the original copyright or trademark holder. Unauthorized use is not permitted.

TRADEMARKS The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

10. SERVICE EXCLUSIONS AND LIMITATIONS:

Neither IT Home Services nor any of it's employees or associates will knowingly perform or advise on how to perform any illegal services or acts, including, but not limited to Virus Production, Cracking and Phreaking.

Neither IT Home Services nor any of it's employees or associates will create or advise on how to create any web content or programming that includes any of the following topics (except on how to prevent them):

Child Abduction
Child Exploitation
Child Pornography
Computer Cracking
Crimes and Criminal Behavior
Deceptive Practices
Discrimination
Drugs and Drug Abuse
Emotional / Mental /Physical Abuse
Extreme Sexual Behavior
Harassment
Hate
Invasion of Privacy
Occult / Devil Worship

Partisan Political Rhetoric
Phreaking
Sale or Promotion of illegal goods or services
Sexual Abuse / Rape
Stalking
Threatening
Violence / Terrorism
Virus Production
Vulgar
Weapons

11. DISCRIMINATION:

IT Home Services does not discriminate on the basis of creed, race, religion, sex, sexual orientation or age. We do, however discriminate against pedophiles, child pornographers, child abductors and other dirtbags.

12. ADDITIONAL CLIENT RESPONSIBILITIES:

By hiring IT Home Services you agree to be bound by any user agreements, Terms of Service agreements, Policies and any other agreement made with a third party by IT Home Services on your behalf.

You have the right to request and receive a copy of any of the aforementioned agreements to keep for your records.
You have the right to review these agreements and approve or decline them before a contract with a third party is finalized. This is highly recommended!

As stated in paragraph 5 of this agreement, you must have prior ownership of the copyrights to any materials, documents or graphics that you present to us for inclusion into any product that IT Home Services manufactures on your behalf. If you are not the rightful owner of these items, you must submit written permission from the rightful owner for you to use the materials, documents or graphics in question. Failure to obtain ownership of these copyrights could result in legal action being taken against you for (among other things) copyright infringement. People are litigious enough without you asking for trouble by overlooking this important detail.
You have 72 hours from the time that you enter into a contract with IT Home Services to cancel the contract and receive a refund per our refund policy provided considerable services have not been delivered in that time period. At the end of that 72 hour cancellation period all contracts, agreements and obligations become legally binding.
Any appointment cancellations or changes must be made at least 48 hours in advance of the scheduled appointment.

13. PAYMENTS:

You agree to pay any and all fees, costs and charges required by a third party in full and do so before payment deadlines as set forth by third party terms. Failure to do so may result in cancellation of service to you and possible legal action against you.
You agree to pay within 30 days of service, any and all fees and charges owed by you for services which you contracted IT Home Services to provide to you, subject to the following conditions:

An up-front deposit may be required for some jobs.
A 5% discount will be taken off the bill for prepayment in full of services. Charges and fees owed to third parties are excluded from this offer.
Late payments that are less than 30 days late will be subject to a services fee of 5% ($1.00 minimum charge) of the original debt.
Payments that are over 30 days late are subject to a cumulative late charge of 10% of the original debt, plus an additional 5% of the original debt per month for each 30 days the debt is left unpaid. The aforementioned late charges shall be a minimum of $5.00 per each 30 days that the debt remains unpaid.

14. ADVERTISEMENTS:

Should you hire IT Home Services for web design or web content management services, we reserve the right to apply a small advertisement at the bottom of your homepage advertising our services to your visitors. The exact advertisment will depend on the services you have hired us for.
An example message would read: "Site designed and hosted by IT Home Services"


Digital Products Web Design Web Hosting Web Promotion Domain Names
Phone 586-344-4288	sales@ithomeservices.biz	www.ithomeservices.biz