Policies & Notices

Forbidden

Hate sites, or any site that promotes violence or racial intolerance, or any site with content that could be reasonably considered as an advocation of racist views are forbidden on Monterey Bay Design servers. Any of the aforementioned content that is discovered on an existing site will result in the termination of the account without refund of any fees and without further consideration as this violates terms of service. Further, no domain with the intention of hosting the aforementioned content shall be registered via Monterey Bay Design.

Acceptable Use Policy

In order to provide a professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web.

Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.

Web and FTP Site Content Policies:
We do not allow any of the following content on any of our servers:

  • Any site with content that could be reasonably considered as slanderous or libellous. Monterey Bay Design representatives will decide upon content that is questionable regarding any of the aforementioned criteria.
  • Content of a pornographic, sexually explicit, or adult nature.
  • Content of an illegal nature (including copyrighted material).
  • Pirated software sites.
  • Transmission of or hidden content including viruses, trojans or otherwise harmful code.
Users posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by Monterey Bay Design and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause termination of service without refund of any fees.

Email Usage Policies:
Monterey Bay Design does not support bulk and/or unsolicited email messages sent by users of our system (also known as junk email or SPAM). You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email. Sending bulk email through your Monterey Bay Design hosting account is grounds for contract termination.

Account Responsibility:
The account owner is responsible for any behavior on the account by themselves or users of the account which affect the account's standing and by extension, the server reputation. Any account known to be engaging in any activities which may lead to IP Blacklisting may be suspended without notice until such activities are terminated.

Illegal Activities:
Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.

Right To Refuse Service:
Monterey Bay Design reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Monterey Bay Design is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.

Rights, Due Diligence & Indemnity

  1. It is the Client's responsibility to perform due diligence with regard to company name, product, brand or any materials including but not limited to text, graphics, photos, and designs provided to the Designer for the creation of the Work. Monterey Bay Design will not be held responsible for any legal action that may arise due to copyright infringement.

    The Client agrees to indemnify, defend, save, and hold harmless Monterey Bay Design from any and all liability, penalties, losses, damages, costs, or claims including legal fees caused by or resulting indirectly through the following services including, but not limited to Hosting, Domain Registration, PCI Compliance, SSL Certification, Website Security Tools, Website or Graphic Design without limitation or exception.

Web Design

  1. We retain the non-exclusive right to display, reproduce and distribute, in perpetuity, our own designs in our portfolio and website, on promotional materials, or to third party trade publications or exhibits, solely for the purpose of promoting or exemplifying our work.
  2. By default, when we design your site, we add a small "Site Design by Monterey Bay Design" link into or below your site's footer. This link is tagged "nofollow" - which means it has no SEO value for us, therefore the link from our portfolio back to your website has more value for you. Our link is simply there for informational purposes for site visitors on your site. If you prefer, we can either relocate or remove this information completely.
  3. For the first 30 days after a site goes live, if Monterey Bay Design finds errors in the code that were not caused by the customer or any parties affiliated with the customer who owns the website, there will be no charge for repair.
  4. Monterey Bay Design is not responsible for any malfunctions or errors in the code that may occur -
    1. - after testing and uploading and after a period of 30 days.
    2. - if the code is edited or altered in any way by the customer or any parties affiliated directly or indirectly with the customer who owns the website.
  5. Hourly coding charges will be applied for site repairs.
  6. If Monterey Bay Design has only designed a portion of an existing site, our policies are only in effect for that portion which we designed.
  7. The client is solely responsible for insuring adequate backup policies for any site designed by Monterey Bay Design regardless of where it is hosted. This includes, but is not limited to database, site files and email. Monterey Bay Design is not responsible for any damages resulting from the loss of the client's Content. If such a loss occurs, we can be available to help recover and restore data if it is possible.
  8. The Internet as a whole is a relatively new entity and it should be recognized that all the components of which it is comprised will continue to grow and shift. Changes to any of these components – which may include HTML platforms, server or 3rd party services and policies, world-wide security shifts, etc. - may affect the display or functions of a website. Monterey Bay Design is not responsible for site updates or maintenance that may be required due to changes in these components and which may occur after the site is complete. Normal maintenance charges will apply.

Graphic Design

  1. We do not design on spec. Our portfolios are on public display in order for you to make an informed decision about our design style and the quality of our work. www.no-spec.com/faq/
  2. We retain the non-exclusive right to display, reproduce and distribute, in perpetuity, our own designs in our portfolio and website, on promotional materials, or to trade publications or exhibits, solely for the purpose of promoting or exemplifying our work.
  3. Upon receipt of payment in full, the Client is granted unlimited, royalty-free use, forever, of the final version of the Work.
    1. Original source files purchased and/or created for your project can be provided.
    2. The Client or third party may not reverse engineer the Work for compensation or gratis to create other/new/different work unrelated to this project.