Dianna Kobley Design, InLight Web Design - Superior Web Design and Development in Victoria B.C. Canada; Dianna Kobley Founder

Terms & Conditions:

Dianna Kobley Design/Dianna Kobley (Designer) reserves the right to suspend, de-activate and/or refund all or part of any hosting package at their discretion without any prior notice given without penalty.

In no event will Dianna Kobley Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if InLight Web Design has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

LICENSE OF RIGHTS/COPYRIGHT:

Copyright to the finished assembled work of webpages produced by Dianna Kobley Design is owned by Dianna Kobley Design. All preliminary, unused, and in-progress artwork remains the property of the Designer (Dianna Kobley Design/Dianna Kobley). Under U.S. and Canadian Copyright law, Designer (Dianna Kobley Design/Dianna Kobley) is the owner of all files and artwork created for the Client. Upon final payment of this contract, the client may be assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, scripts, work-up files, and computer programs are specifically not transferred to the client, and remain the property of Dianna Kobley Design.

Upon completion of Work for "Custom Designed" (Premiere Business) web sites, the copyright will only be released to the Client upon Dianna Kobley Design signing of the Release of Copyright.

PORTFOLIO RIGHTS: Dianna Kobley Design/Dianna Kobley (Designer) retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs in Designer’s portfolio and website, and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying Designer’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use.

Dianna Kobley Design/Dianna Kobley retains the right to display graphics and other Web design elements as examples of her work in their respective portfolios. To maintain my portfolio credentials Dianna Kobley Design/Dianna Kobley obtains the right to place an unobtrusive credit with a hypertext link ("Web Site by Dianna Kobley Design") in the footer of each page of the web site. Dianna Kobley Design is also entitled to reproduce samples of client's web site, templates, example templates, or any other work created to simulate a web site on the Dianna Kobley Design site and any other marketing materials.

OTHER:

Dianna Kobley Design reserves the right to place an un-obtrusive web site "statistical counter" on all sites created, built or designed by Dianna Kobley Design.  This "counter" is in place for quality control purposes and is used to help Dianna Kobley Design analyse web site usage. This is information is used by Dianna Kobley Design to write better ads, strengthen marketing initiatives, and create higher-converting websites.

LIABILITY

Under no circumstances, including negligence, shall Dianna Kobley Design/Dianna Kobley, its officers, agents or anyone else involved in creating, producing or distributing Dianna Kobley Design Server and/or Hosting Package service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Dianna Kobley Design Server and/or Hosting Package service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Dianna Kobley Design's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Dianna Kobley Design Server and/or Hosting Package service.

You agree to release, indemnify, and hold the Primary Service Provider (Dianna  Kobley Design) and Backend Service Provider, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to your use of the services or arising under this agreement, including without limitation infringement by you or someone else using your computer, or any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When either the Primary Service Provider (Dianna Kobley Design) and/or Backend Service Provider may be involved in a suit involving a third party and which is related to the services under this agreement, either the Primary Service Provider and/or Backend Service Provider indemnify and hold such parties harmless from the costs and liabilities described in this paragraph such written assurances may include the posting of performance bonds or other guarantees.

You agree that the Backend Service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the Primary Service Provider. You acknowledge and agree that neither the Primary Service Provider (Dianna Kobley Design) nor the Backend Service Provider are agents for one another. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (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 customer from our servers.

This Agreement replaces any and all previous agreements and discussions relating to the subject matters hereof and constitutes the entire agreement between the Client and Dianna Kobley Design/Dianna Kobley with respect to the subject matters of this Agreement. This Agreement may not be modified in any respect by any verbal statement, representation, or agreement made by any employee, officer, or representative of the Client, or by any written documents unless it is signed by an officer of Dianna Kobley Design.