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LIMITATION OF LIABILITY AGREEMENT Effective Date: January 1, 2024 This Limitation of Liability Agreement ("Agreement") is entered into on this [date], by and between Tony Montano, hereinafter referred to as the "Service Provider," and [Client's Name], hereinafter referred to as the "Client." 1. Scope of Services: The Service Provider offers web design services to small businesses, e-commerce entities, and musicians or bands. The services include website design, development, security implementation, and backup services. 2. No Guarantee of Immunity from Hacking: The Service Provider acknowledges that due to the evolving nature of cybersecurity threats, it cannot guarantee absolute immunity from hacking or unauthorized access to client websites. The software used also does not provide an absolute guarantee against such incidents. 3. Limitation of Liability: The Client understands and agrees that the Service Provider's liability is limited. In no event shall the Service Provider be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of its services. 4. No Guarantee Against Data or Information Theft: The Service Provider cannot guarantee that client data or information will not be stolen. The Client is responsible for taking additional measures to secure sensitive information. 5. Venue and Jurisdiction: In the event of any legal action or dispute arising under this Agreement, the parties agree that the exclusive venue for any litigation shall be in Placer County, California. The parties further agree to submit to the personal jurisdiction of the courts located within Placer County. 6. No Legal Entity Formation: The Client acknowledges that the Service Provider operates as an individual business and does not constitute a legal entity, such as a Limited Liability Company (LLC). 7. Acknowledgment of Risks: The Client acknowledges the inherent risks associated with online activities, including but not limited to hacking, data breaches, and unauthorized access. 8. Consultation with Legal Professionals: The Client is encouraged to seek independent legal advice before entering into this Agreement to ensure full understanding and acceptance of its terms. Tone Media Promotions reserves the right to modify or update these terms at any time without prior notice. By signing up for our services, you acknowledge your understanding of and agreement with this LIMITATION OF LIABILITY AGREEMENT. And the parties executed this Limitation of Liability Agreement as of the date first above written. Tone Media Promotions __________ United States Contact: contact@tonemediapromotions.com
WEBSITE SUSPENSION AGREEMENT POLICY Effective Date: January 1, 2024 Overview: Your website has been suspended due to non-payment of the annual renewal fee. To reinstate your website, you are required to promptly submit payment for the outstanding annual fee. Please carefully read and understand the terms outlined below before proceeding. 1. Suspension Reason: Your website suspension is a result of the non-payment of the annual renewal fee within the stipulated timeframe. 2. Reinstatement Process: To reinstate your website, you must settle the outstanding annual fee. This payment can be made through the provided payment gateway on our platform. 3. Notification of Renewal: An annual renewal notice, sent from Tone Media Promotions, was issued to your registered email address. Please locate and review this notice for details on the renewal process. 4. Timeframe for Reinstatement: Upon successful payment of the annual renewal fee, your website is generally reinstated within a few minutes. You will receive a confirmation once the payment is processed. Important Notice: If payment is not received within the specified timeframe, all data associated with the website will be permanently deleted after 10 days. This implies that, after this period, the website cannot be recovered, and a new website will need to be built from scratch. We do not retain any unsolicited website backups beyond this 10-day period. Contact Information: For any questions, concerns, or inquiries regarding the website suspension and reinstatement process, please contact us through the provided channels or call Tone Media Promotions directly. By proceeding with the reinstatement process, you acknowledge and agree to the terms outlined in this Website Suspension Agreement Policy. Tone Media Promotions reserves the right to modify or update these terms at any time without prior notice. Thank you for your prompt attention to this matter. Tony Montano Tone Media Promotions __________ United States Contact: contact@tonemediapromotions.com
REFUND POLICY Effective Date: January 1, 2024 This Refund Policy ("Policy") outlines the terms and conditions governing refund requests for services provided by Tone Media Promotions. By engaging with our web design and internet marketing services, you agree to abide by the following terms: 1. Payments and Timeliness: Clients are expected to adhere to timely payments for services rendered. Final payments for projects are due within 7 business days upon receipt of the invoice, following the client's approval. 2. Ownership of Property: In the event of a granted refund, all creations, including graphics, content, and code, produced by Tone Media Promotions shall remain the exclusive property of Tone Media Promotions. 3. General Refund Policy Guidelines: Web Design & Development: Payments for custom design and development projects are non-refundable. Any cancellation, delay, or postponement initiated by the client will result in the retention of all monies paid to Tone Media Promotions for work completed. Website Maintenance: No refunds are provided for unused hours in website maintenance services. Annual maintenance fees are non-refundable, considering the upfront resources and time invested. Web Hosting: All hosting payments, whether for present or past months, are non-refundable. Hosting accounts continue until a cancellation notice is received in writing. Outstanding invoices exceeding 14 days may lead to suspension or termination of hosting services. SSL certificates are non-transferable. SEO & Internet Marketing: Payments for SEO and marketing services are non-refundable due to the extensive resources and time invested. Tone Media Promotions is not accountable for changes made by other parties affecting search engine rankings. Setup Fees: Setup fees for SEO or internet marketing campaigns are non-refundable, as they directly cover incurred expenses during the setup phase. Domain Names: Domain name sales are final upon transfer to the client's account and require full payment before transfer. 4. Chargebacks: Any chargeback or payment dispute results in the suspension of services or projects. A $70 chargeback fee, in addition to outstanding balances, must be paid before service restoration. Fraudulent chargebacks or PayPal disputes are illegal and subject to legal action. 5. Refund Processing: Refunds, if approved, will be processed within 30 business days for credit card payments. Payments made via check or money order will be refunded by check. Tone Media Promotions reserves the right to modify or update these terms at any time without prior notice. By signing up for our services, you acknowledge your understanding of and agreement with this Refund Policy. It is your responsibility to review and comprehend the terms before making any payment. Tone Media Promotions __________ United States Contact: contact@tonemediapromotions.com
PRIVACY POLICY Last Updated: January 1, 2024 Thank you for visiting Tone Media Promotions ("we," "our," or "us"). This Privacy Policy outlines our practices regarding the collection, use, and disclosure of your information through our website and the services we provide. By using our website or services, you agree to the terms of this Privacy Policy. I. Information We Collect A. Personal Information We may collect personal information that you provide to us, such as your name, email address, phone number, and other contact information, when you interact with our website or use our services. B. Automatically Collected Information We may automatically collect certain information about your device, browsing actions, and patterns. This information may include your IP address, browser type, operating system, and other technical details. C. Cookies and Similar Technologies We may use cookies and similar technologies to collect information about your browsing activities and enhance your experience on our website. You can manage your cookie preferences through your browser settings. II. How We Use Your Information We use the information we collect for various purposes, including: Providing and maintaining our services. Communicating with you about our services and updates. Personalizing your experience on our website. Analyzing and improving our website and services. Marketing and advertising our services. III. Information Sharing We may share your information with third parties, including: Service Providers: We may engage third-party service providers to assist with various aspects of our business, such as hosting, analytics, and marketing. Advertising Partners: We may use advertising partners, such as Google, YouTube, and social media platforms, to promote our services and reach a broader audience. Legal Compliance: We may disclose your information if required by law or in response to a valid legal request. IV. Your Rights You have the right to: Access your personal information. Correct inaccuracies in your personal information. Delete your personal information. Object to the processing of your personal information. V. Security We take reasonable measures to protect your information from unauthorized access, disclosure, alteration, and destruction. VI. Policy Coverage This Privacy Policy is designed to comply with the following privacy laws: United States: We adhere to applicable federal laws, including the Children's Online Privacy Protection Act (COPPA) and the Electronic Communications Privacy Act (ECPA). CCPA + CPRA (California): We comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), providing California residents with specific rights regarding their personal information. CPA (Colorado): We adhere to the Colorado Privacy Act (CPA), which provides certain rights to Colorado residents regarding the processing of their personal data. CTDPA (Connecticut): We comply with the Connecticut Consumer Data Privacy Act (CTDPA) and its provisions for the collection and processing of personal information. UCPA (Utah): We adhere to the Utah Consumer Privacy Act (UCPA), which governs the protection and privacy of personal information of Utah residents. VCDPA (Virginia): We comply with the Virginia Consumer Data Protection Act (VCDPA) and its requirements for the processing of personal information of Virginia residents. VII. Contact Us If you have any questions or concerns about this Privacy Policy, please contact us at, contact@tonemediapromotions.com. VIII. Changes to the Privacy Policy We may update this Privacy Policy periodically to reflect changes in our practices. We will notify you of any material changes by posting the updated policy on our website. Thank you for entrusting Tone Media Promotions with your information. Tone Media Promotions __________ United States Contact: contact@tonemediapromotions.com