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    All Good Web Terms and Conditions

    Effective Date

    These terms and conditions were last updated: April 20, 2010.

    Notification of Changes

    Please check this page from time to time.

    Terms and Conditions Updates

    Where updates to these Terms and Conditions alter existing policies, pre-existing contracts are not affected. Where updates affect previously non-existent terms, the new terms might or might not affect pre-existing customers. Customers are always entitled to offerings in the contract in place when the business website was purchased. Limitations placed on new customers will not affect pre-existing customers. Pre-existing customers will not automatically be entitled to features added after their contract took effect. PAYMENT FOR SERVICES IMPLIES ACCEPTANCE OF THESE TERMS.

    Web Hosting Customers: Please skip to the section labeled "Web Hosting."

    The All Good Web Subscription Website Package Offering

    The Subscription Website Package (SWP) is a product offering of All Good Web (AGW) which is owned by Bogart Computing, LLC. The SWP is a monthly subscription business website package designed to let small businesses run "big business" websites.

    Business Website "Subscription Website Package" Prices

    The SWP price is a one time $1499 setup fee plus $129 per month, starting in the first month.

    Business Website "Subscription Website Package" Features and Upgrades

    The SWP is a complete small business website package. It is designed to offer small businesses a powerful website presence. No upgrades are required to run the website. Many customers will never pay more than the setup and monthly fee. As of this writing, upgrade packages are being developed that will add even more business website functionality on a monthly subscription fee basis.

    Standard Subscription Website Features

    The monthly subscription package includes many built-in features that allow the Customer to instantly create a professional business website. These include:

    • Creating and editing unlimited articles:The SWP is a content management system (CMS). Customers can quickly add articles in a WYSIWYG (What You See Is What You Get) browser-based editor. The only limit to the number of articles that can be created is the disk storage and bandwidth quotas that limit the quantity of content that can be stored and transferred.
    • Manage content from anywhere:There is no software to download. The SWP is a web-based application.
    • Password Protected access:All content is created and stored behind password protected pages.
    • Videos: Customers can add any YouTube video to the website.
    • Photo albums: Customers can create photo albums. The photo software automatically re-sizes very large photos for the web.
    • Multiple contributors:The Customer can create logins for trusted staff and associates. An "Author" login can create and edit articles but the changes are not live on the website until an "Editor" approves them.
    • Automatic site map creation: menu changes are automatically reflected in the site map, a page which Google and other search engines read to ensure all pages of the business website are indexed.
    • User polls: The SWP includes the ability to make unlimited user polls (small questionnaires).
    • Web link directory: The SWP includes the ability to create a directory of categorized links.
    • Web Hosting: The SWP monthly fee includes business class hosting.
    • Support: Requests for assistance are answered by email and through training videos. Phone support package upgrades will be offered soon.
    • Automatic "security" software upgrades:The SWP includes automatic security patches to the Joomla software as the Joomla Programmer team releases it.
    • Displaying News Feeds: The SWP allows the display of news feeds (content) from other websites.
    • Automatic search engine friendly links: The SWP automatically changes page addresses to friendlier, easier to read addresses.
    • Contacts and contact forms: The SWP allows unlimited contact categories and multiple ways to display contacts and contact forms.

    Joomla Programmer Business Website

    Your business website is based on the Joomla content management system (CMS). Joomla Programmers created the website structure so you can concentrate on content. Joomla is an Open Source software product. An AGW Joomla Programmer can customize most aspects of your business website. Joomla programming costs vary. AGW provides custom Joomla Programming software changes. Prices are quoted upon request. To discuss Joomla software program customization, contact AGW.

    Software Installation Restrictions

    Your AGW Business Website is a hosted software solution based on the Joomla content management system (CMS). The Subscription Website Package (SWP) is priced well below custom solutions offering similar features. Low prices are achieved partly through the uniformity of software installations for all customers. In order to maintain such low costs AGW forbids unauthorized software installations. Security patch installations are automatically included in your business website package. Customers may not add or change their business website software. Unauthorized software changes are subject to rollback of AGW's latest backup to restore software uniformity.

    Automatic Backups

    AGW maintains a periodic backup schedule of all customer code (Joomla software) and data (MySQL database where your website content is stored). Every reasonable effort is made to keep good backups on hand for customer use in restoring websites altered by mistake, mishap or unauthorized access. In fact your business website is automatically backed up by a few different methods, and the data is kept on two different servers. Despite these efforts, backups tend to be a weak link in all software projects. Therefore customers renting an AGW subscription package agree that no guarantee can be made that backups will be available to restore software to a previous state. Customers are advised to keep a local copy of their content for reference should backup restoration efforts fail.

    The Monthly Subscription Fee

    The monthly subscription gives the customer access to the Standard Subscription Website Features that display content on the website. The customer rents access to the Features each month. The customer has 24 hour a day, 7 days per week access to their business website "administrator." The administrator is where customers create and edit articles, add pictures to photo albums and access all of the other business website features.

    Payment Deadlines and Service Suspensions

    Payment is due in advance of the next month's subscription. The first bill includes two months' subscription. The Customer is billed two weeks before each subsequent rental month. Payment is due before the next month's rental period starts. Unpaid rentals are subject to suspension. Suspension includes website, email, hosting and all other aspects of the Subscription Website Package. Package availability resumes immediately upon AGW receipt of all owed subscription fees.

    Contract Length

    A Subscription Website Package (SWP) contract length is the setup time plus 24 months. A contract starts with a new SWP created specifically for your business. The setup fee is paid before the SWP goes online. The monthly fee starts the day the SWP goes online. The monthly fee rate is set at contract start and is guaranteed not to rise for 24 months. After 24 months the Customer may continue to rent the SWP at the prevailing monthly subscription rate in effect at renewal. After the 24 month period rates might change for existing SWP website subscriptions. AGW may at its discretion grandfather existing subscription rates to the fee set at the SWP contract start. The Customer might also purchase a new SWP to replace the existing website. A new SWP would incur the prevailing setup fee and monthly subscription fees in effect at that time.

    Web Site and Content Ownership

    "Content" is the articles, images, videos and the like that the Customer adds to the website. The Customer owns its content. The Subscription Website Package (SWP) is the framework or set of software tools that displays the articles, images, videos and other content. The monthly subscription grants the Customer access to these tools. AGW owns the framework that the Customer rents. The Customer subscription gives access to all of the features included in the SWP. Should the Customer ever request it AGW will export and send the written and image content to the Customer. The Customer may take the content but not the "website structure" or framework in which it is displayed.

    Web Design

    The package includes a design template. Custom design is extra and quoted. The package includes up to three iterations of simple design changes to the chosen template. Changes to the package include color and font changes, but not website design image changes. The three iterations include banner creation for the header area that will include the Customer's logo image, slogan and marketing verbiage as requested. Logo creation is not included.

    Website Help and Support

    AGW answers website help requests by email. Email responses contain instructions and links to videos showing how to solve support questions. Further do-it-yourself instruction or takeover of webmaster activities is extra and quoted. Live-person help desk support is billed in advance and in addition to the website subscription fee. Support can be purchased in blocks of 4 hours. Each support request incurs a minimum 15 minute charge taken against the support block of time on balance.

    Minimum Payments

    The SWP is paid monthly for the life of the website. The SWP is based on a two year minimum contract. Cancellation of monthly payments before 24 months of service will result in an early termination fee equal to one half the pro-rated payments left in the contract. For example, if cancellation occurs after the month 6 payment, there are 18 months left in the contract. The early termination fee would be equal to one half of 18 months' fees. After 24 months of payments, cancellation may occur without incurring a cancellation fee. At 24 months the contract ends, and becomes a month to month subscription fee which will be priced at the going rate for that point in time. The monthly rate includes the cost of the infrastructure that hosts the site and the website tools in the "administrator" area.

    Website Help for the Do-It-Yourself Customer

    The package includes powerful website features. Every reasonable effort will be made to explain typical webmastering activities so the Customer may maintain the website without hiring help. No guarantee can or will be made that the Customer will master all web updates without help. AGW will offer support packages to accommodate customers who wish deeper explanations than the package Help videos provide to them.

    Business Website Content and Setup

    The package does not include written or multimedia content. The package does include setting up initial sections and categories under which users will file their stories. The package does include copying the Customer's first 10 electronic documents into website articles. Extraordinary HTML formatting is not included. The package does include setting up the first 10 menu items within the main menu. The package does include up to 3 iterations of website navigation structuring (i.e., menus).

    Web Hosting

    The package includes website hosting, email accounts, direct FTP access and complete control panel access. The package includes setup of the first 5 email accounts, web-based email access and email forwarding to other email addresses.

    Web Hosting Charges

    Non-SSL web sites, light traffic: $20/month

    SSL web sites, light traffic: $25/month

    Bandwidth above 20 GB/month: quoted

    Web Hosting Content

    You agree not to post unacceptable, copyrighted and illegal content. Examples of content you agree not to post include (but are not limited to):

    • Pirated Software
    • Hacker Information
    • Hateful, pornographic, or rascist content
    • Content about illegal activities
    Sites containing offensive material will be suspended without refund or recourse.

    Web Hosting Backups

    Your account includes an off-site backup service. We offer good-faith, best effort backups. However no system is infallible. Data backup cannot be and is not guaranteed.

    Web Site Uptime

    We moved to Fast-Serv in January 2010. As of April 20, 2010 our server has had 100% uptime. We offer good-faith, best efforts to keep your site running. However no system is infallible. Site uptime cannot be and is not guaranteed.

    Web Site Hosting Refunds

    You may cancel your account at any time. If paid in advance you will receive a pro-rated refund. Charges will cease at the end of the current month's billing cycle.
    Installation fees are not refundable.

    Indemnification

    Customer agrees that it shall defend, indemnify, save and hold Bogart Computing, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Bogart Computing, LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Bogart Computing, LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Bogart Computing, LLC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Bogart Computing, LLC's server.

    Arbitration

    By using any Bogart Computing, LLC services, you agree to submit to binding arbitration. If any disputes or claims arise against Bogart Computing, LLC or its subsidiaries, such disputes will be handled by an arbitrator of Bogart Computing, LLC's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of New Hampshire. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

    Disclaimer

    Bogart Computing, LLC shall not be responsible for any damages your business may suffer. Bogart Computing, LLC makes no warranties of any kind, expressed or implied for services we provide. Bogart Computing, LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Bogart Computing, LLC and its employees.

    The Meaning of "Unlimited"

    There are no limits on the number of "unlimited" features, but bandwidth and disk space restrictions will effectively limit these items. Bandwidth is the amount of data transferred from your website to your visitors each month. Disk space is server disk allocation where your website's files (such as the content database and images) are stored. The Subscription Website Package bandwidth and disk space limitations effectively limits "unlimited" features.