Legal Policy

ICoMaCons Inc.

Privacy PolicyLegal Policy

Legal Policy, Privacy, Agreement & Disclamer

This is an "Implied Agreement," meaning that if you (the Client) begin to use, or

continue to use, Icomacons inc services (Work Product), Web page design, graphic

design, Internet marketing, database development, eCommerce services, or translation

services, you are agreeing to the terms of the Service Agreement.

This agreement is required to obtain and maintain service with Icomacons inc , to help

prevent misunderstandings, and to provide the framework for legal recourse in the event of

a dispute. If any litigation or legal issues arise regarding services rendered by Icomacons

inc , or its associates, these will commence in the jurisdiction of Clearwater, Florida, USA.

Acceptance of this Service Agreement is required for an account to be setup with

Icomacons inc services. By providing your down-payment for hosting services, Web

design, Internet marketing, or other services, you indicate that you have read and

understand this Service Agreement in its entirety, and agree to be bound by its content.

This contract supersedes any written, electronic, or oral communication you may have with

Icomacons inc , and constitutes the complete and total agreement between the parties.

This Service Agreement does allow separate Copyright Ownership Agreements and

separate Work For Hire Agreements.

Failure of Client to comply with this Agreement, or any such Icomacons inc regulations or

conditions, shall entitle Icomacons inc to (1) terminate the clients account, or (2) suspend

access of clients account. Violation of any of the conditions of this contract may result in

the immediate termination of your services with Icomacons inc . Criminal or civil

prosecution may result in extreme cases.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT

PERMITTED TO USE THE SERVICES OF ICOMACONS INC , and are urged to contact

Icomacons inc to initiate closing of your account.

ADULT CONTENT & GAMBLING SITES ARE STRICTLY PROHIBITED. Pornography,

sex-related merchandising and gambling is prohibited on all Icomacons inc pages, service

or servers. This includes sites that may infer sexual content, and links to adult content

elsewhere. Icomacons inc will be the sole arbiter in determining violations of this

provision.

IRC

Icomacons inc currently does not allow IRC or IRC bots to be operated on our servers.

Refusal of Service Icomacons inc reserves the right to refuse, cancel, or suspend service at our sole discretion.

System Security

Client agrees not to maliciously or intentionally interfere with the proper operation of the

system, including but not limited to defeating identification procedures, obtaining access

beyond that which you are authorized for, and impairing the availability, reliability, or

quality of service for other customers. Client further agrees not to interfere with the proper

operation of other systems reachable through the Internet, including any attempt at

unauthorized access.

Client agrees that the security of your account or server is part of your responsibility. Client

further agrees that if you believe the security of your account or server has been

compromised in any way, you will notify Icomacons inc immediately. You agree that if you

become aware of misuse of your account or server, and do not notify Icomacons inc , you

will be held responsible for that misuse.

Spamming

Client agrees not to transmit unsolicited or prohibited advertising through electronic mail or

inappropriate Usenet postings. Client agrees that the use of Icomacons inc services for

unsolicited mass mailings or postings commonly known as "spam" will cause your services

to be terminated immediately and without warning, and that you will be held legally

responsible for any damages, as well as a $15.00 per hour fee for reading the complaints

which may arise. Icomacons inc will be the sole arbiter as to what constitutes a violation of

this provision.

Privacy

Client agrees that Icomacons inc has the right and responsibility to fully cooperate in any

legal investigation regarding any aspect of its services, including services sold to you.

Client agrees to supply a current and truthful name, postal address, and telephone number

for the records of Icomacons inc . Icomacons inc agrees not to sell or donate its mailing

list to any other company.

Backup

Icomacons inc will maintain a backup copy of Web pages it designs, but cannot be held

responsible for the loss of data in eCommerce and email programs it provides. The

servers are backed up on a daily basis.

Definitions

A. "Client Properties" shall mean all text, pictures, sound, graphics, video and other data

supplied by Client to Icomacons inc .

B. "Developer Properties" shall mean the Work Product, except for the Client Properties.

C. "Work Product" shall mean all HTML and/or JAVA files, JavaScript, graphics files,

animation files, data files, technology, scripting and programming, all documentation, and

each and every deliverable developed by Icomacons inc , or its associates, and delivered

to Client in accordance with the terms and conditions of this Agreement, excluding Client

Properties.

Warranties

The services of Icomacons inc may only be used for lawful purposes. Transmission or

solicitation of material which violates laws in the jurisdiction of Cowlitz County,

Washington, or your local area, is prohibited. This includes material which Icomacons inc

judges to be threatening or obscene, harassing, libelous, or in violation of intellectual

property laws. Links to such materials are also prohibited.

Icomacons inc warrants that the Work Product does not and will not knowingly: (a) violate

any law or regulation, including, without limitation, the laws and regulations governing

export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d)

contain any viruses, Trojan horses, worms, time bombs or other computer programming

devices which are intended to damage a user's system or data, or prevent the use from

using same.

Client warrants that the Client Properties do not and will not knowingly: (a) violate any law

or regulation, including, without limitation, the laws and regulations governing export

control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain

any viruses, Trojan horses, worms, time bombs or other computer programming devices

which are intended to damage a user's system or data, or prevent the use from using

same.

Client further warrants that (a) Client has all rights necessary for the production,

distribution, exhibition and exploitation of the Client Properties as part of the Work Product

consistent with the license granted in this Agreement; and (b) there is no outstanding

contract, commitment or agreement to which Client is a party of legal impediment of any

kind known to Client which conflicts this Agreement or might limit, restrict or impair the

rights granted hereunder.

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Ownership

Icomacons inc will at all times be and remain the sole and exclusive owner of the

Developer Properties, defined herein as any property, in any format used in or made part

of the Work Product which is not provided by the Client or a Third Party. Client will not

sublicense, rent, reverse engineer, decompile or disassemble the Developer Properties.

Client is allowed to modify text and images, and add, edit, or delete database data, on the

Web pages of their domain, as the need may warrant.

Icomacons inc will provide, as an Independent Contractor to the Client, the Web site

design, development, programming and other consulting services to create the Work

Product, all as set forth in each statement of work (Estimate), or modifications to each

statement of work, agreed to by the parties from time to time.

Client Properties

The Client will at all times be and remain the sole and exclusive owner of Client Properties.

Third Parties' Properties

A typical Web site is often a collage of components often owned by multiple parties. This

may be audio as well as video in nature, and components included in a Web site, and

which cause the Web site to appear on a computer screen are likely to include the

intellectual property of several parties. Nothing shall cause or imply any sale, license, or

other transfer of proprietary rights of, or in any third party software, or products from a third

party to Icomacons inc or the Client, unless agreed to, established in writing, in a separate

Agreement.

transferred to Client, or Third Party, through a separate Copyright Ownership Agreement.

Financial Arrangements

a) Client agrees to this month-to-month Contract for services, and establishes such

Agreement by initiating an account to be set up for Client.

b) Client will be billed on a monthly basis for services, according to Client on servers of

Icomacons inc . The monthly fee is payable in advance, on the first of each month, and

shall be paid by credit card.

PayPal services billed according to the current PayPal rates.

d) Monthly fees will be automatically billed to Clients credit card for each month on the first

of each month for hosting services. Client will receive a receipt of payment from

Icomacons inc .

e) Credit card/debit card/check processing fees, other bank fees and service fees are

billed to the Client by their acquiring financial institutions/Corporate service.

f) This Agreement will automatically renew for successive single month periods unless

canceled in writing by Client, prior to the monthly renewal date. Renewal prices are subject

to change. Renewal of services by Client indicates agreement to Contract revisions.

g) Payment of new Web site projects: Upon Clients approval of the Estimate provided by

Icomacons inc , Client agrees to pay in advance 50 percent of estimated project costs, and

the balance paid in full of all estimated Web site costs upon completion of project. Client

will receive a receipt of payment from Icomacons inc .

h) Additional Web site changes, or additional Internet marketing, may be charged to

Client's credit card* for payment upon completion of changes or marketing work. Client will

receive a receipt of payment from Icomacons inc .

Internet Etiquette

a) Users of Internet and electronic forums should be considerate of the expectation and

sensitivities of others on the network when posting material for electronic distribution. The

network resources may not be used to impersonate another person or misrepresent

authorization to act on behalf of others or Icomacons inc . All messages transmitted via

Icomacons inc 's services should correctly identify the sender; users may not alter the

attributes of origin in electronic mail messages or postings. Users must not attempt to

undermine the security or integrity of computing systems or networks, and must not

attempt to gain unauthorized access.

b) Due to the public nature of the Internet, all information should be considered publicly

accessible, and private information should be treated in a secure manner so as to retain

privacy. Icomacons inc is not liable for protection or privacy of electronic mail or other

information transferred through the Internet, or any other network provider or which its

customers utilize.

c) Use of distribution lists via unsolicited electronic mail is strictly prohibited. Icomacons inc

reserves the right to deactivate the client's server account(s) upon any indication of such

activity. In such case, Icomacons inc is not responsible for saving or returning any data,

files or directories stored on the server for/to the client.

Termination

a) This Service Agreement may be terminated by either party, without cause, by giving the

other party 14 days written notice. Yet, Icomacons inc may terminate Client's service

under this Service Agreement at any time, without penalty, without prior notice, if Client

fails to comply with the terms of this Service Agreement. Depending on the circumstances,

Icomacons inc may issue a warning, suspend a Clients account, or terminate the

account—without notice or refund.

b) Icomacons inc reserves the right to cancel service, for any reason, without prior notice.

In the case of a Client request for cancellation, unused fees for the current month will not

be refunded, nor pro-rated. Again, Clients must notify Icomacons inc in writing to cancel

service. Notification may be done by email at info@icomacons.com

c) In the event that it becomes necessary for Icomacons inc to enforce the terms of the

Service Agreement, Icomacons inc shall be entitled to reimbursement of all reasonable

costs and expenses of enforcement, including collection fees, court costs, and attorney's

fees.

Limited Liability

a) Client agrees that the use of the services of Icomacons inc is at the Client's sole risk.

Icomacons inc , and it's affiliates, cannot warrant that it's service will not be interrupted or

error free, nor do they make any warranty as to the results that may be obtained from the

use of their services.

b) Client agrees that any material submitted for publication by Icomacons inc through the

Client's account(s) will not contain anything leading to an abusive or unethical use of the

server. Abusive or unethical material includes, but is not limited to: pornography,

obscenity, nudity, violations of privacy, computer viruses, harassing and harmful material,

illegal activity, material advocating illegal activity, and infringement of privacy, or libel.

Icomacons inc may or may not give notice before deactivating the use of an account

which it decides is an abusive, unethical use of, or potentially illegal use of the server

account.. In such case, Icomacons inc is not responsible for saving or returning any data,

files or directories stored on the server for/to the client.

c) Client agrees to indemnify and hold harmless Icomacons inc , and it's affiliates, from

any injurious or damaging claim resulting from publication of the Client's material. Client

agrees to indemnify and hold harmless Icomacons inc , and it's affiliates, for any claim

resulting from the submission of illegal materials.

d) Under no circumstances shall Icomacons inc , or it's affiliates, who are involved in

creating, producing, or distributing Internet services be liable for any direct, indirect,

incidental, special, or consequential damages that result from mistakes, omissions,

interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of

performance, whether or not limited to acts of God, war, terrorism, communication failure,

theft, destruction, or unauthorized access to records, programs, or services. Icomacons inc

will maintain a backup copy of Web pages it designs, but cannot be held responsible for

the loss of data in eCommerce and email programs it provides.

e) Icomacons inc is not responsible for advisement on taxes, legal advisement, nor trade

name research. The Client and/or domain name owner is responsible for these.

f) The Client, not Icomacons inc is responsible for domain name conflicts arising from

trademark disputes. Icomacons inc recommends Clients have a trademark search done

before registration of new domain names. For more information regarding trademark

usage see:

The US Patent and Trade Office at http://www.uspto.gov/

All about trademarks and trademark laws, including a directory of resources at

http://www.ggmark.com/

Indemnification

You agree to indemnify and hold harmless Icomacons inc in any legal action which arises

as a result of your use of its services, and it's affiliate's services, without limitation or

exception. This includes any loss you suffer, including, but not limited to, loss resulting

from service delays and incomplete or interrupted service, regardless of cause. Icomacons

inc agrees that a complete service interruption (your Web site hosted by Icomacons inc is

offline) in excess of 24 hours, may justify a refund or credit to its customers for the

appropriate amount, but that no further compensation will be made. Scheduled outings

and account suspensions do not count towards this refund policy.

Client agrees that it shall defend, indemnify, and hold Icomacons inc harmless from any

and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees,

asserted against Icomacons inc , and it's affiliates, that may arise or result from any

service provided or performed, or agreed to be performed, or any product or service sold

by client or it's employees or affiliates. This includes:

Any injury to person or property caused by any products or services sold or otherwise

distributed in connection the Icomacons inc 's service.

Any material supplied by client infringing on the proprietary rights of a third party

Trademark infringement:

Any defective product which client sold through server provided by Icomacons inc

This Service Agreement embodies the entire understanding of the parties involved. Any

changes or modifications to the Contract are agreed to by both parties upon renewal of

services.

Icomacons inc may modify this Service Agreement at any time.

Our commitment to your privacy

Icomacons web site is committed to protecting your privacy. That is why we have adopted

this Privacy Policy. It is intended to describe how we use and process your personal information.

Please note that by visiting and using Icomacons web site, you are accepting the practices

described in this Privacy Policy.

What information is Icomacons web site gathering about its visitors and how is it being

used?

Every computer connected to the Internet is provided with a domain name (e.g. earthlink.net) and

an IP address (e.g. 192.168.1.100). When a visitor requests a page from within the Icomacons web site website, our web servers automatically identify and log the HTTP request that is made to them, as follows:

 The IP address of the site that may have referred you.

 Your IP address.

 The web page from which you linked to us.

 The product identifier for version and make of browser (e.g. Internet Explorer 7.0).

 The operating system that you are running (e.g. Mac OS, Windows, Linux).

 Search words or terms that are passed from a search engine (e.g. Google, Yahoo, or Lycos).

There is nothing unusual about the information just described, and the practice of collecting this

data has been generally standardized by many web servers.

The purpose of this information is actually two-fold. One, Icomacons web site has found it

advantageous to examine visitor traffic in its aggregate so that we can ensure maximum

compatibility for the various browsers and operating systems that visit our site. By analyzing theseand other visitation patterns, referring URLs and search engine terms, we can strategically

enhance our exposure on the Internet.

What about cookies?

Cookies are small text files that are transferred to your computer’s hard drive through your web

browser from our web server. Icomacons web site uses cookies in some situations as a means of

providing personalization features to our visitors. For example, we use cookies to remember

personal settings (such as a login or password) that you may have chosen at our website.

You can choose whether or not to accept cookies by changing the settings of your browser.

Typically, by accessing the browsers help feature you can obtain information on how to prevent

your browser from accepting all cookies or to notify you when a cookie is being set. If you choose

no to accept these cookies, your experience at our website and other websites may be diminished

and some features may not work as intended.

For any questions you can write us: info@icomacons.com, or you can write us to delate all

your data that we may have about you

What other information does Icomacons web site request?

We may also request your email address or mailing address for the purposes of conducting a

survey, adding you to our mailing list, or by your request to have someone contact you for

additional information. Whenever we request the identity of a visitor, we will clearly indicate the

purpose of the inquiry before the information is requested. We will not sell, rent, or otherwise give

your email address to a third party without your consent.

Will Icomacons web site disclose the information collected to third parties?

Icomacons web site will disclose your personal information or any of its log file information when

required by law or in the good-faith belief that such actions are necessary to:

 Confirm the edicts of the law or comply with a legal process served on Icomacons web site;

 Protect and defend the rights or property of Icomacons web site, or visitors of Icomacons web

site;

 Identify persons who may be violating the law, the legal notice, or the rights of third parties;

 Cooperate with the investigations of purported unlawful activities.

Icomacons web site uses reasonable precautions to keep the information disclosed to us secure.

Icomacons web site reserves the right to transfer information in connection with the sale of all or

part of Icomacons web site capital stock or assets to any third party. Furthermore, we are not

responsible for any breach of security or for any actions of any third parties that receive the

information.

Icomacons web site also provides “links” to a wide variety of other websites on the Internet. We are not responsible for their privacy policies or how those websites manage information about their users. We strongly urge you to check with them to determine their privacy policy.

Any changes to this Privacy Policy will be posted on this page.

Best regard

Icomacons inc.