Terms Of Service Agreement

1. General
You are currently viewing a page of the Bleedingrock.com web site or a related web site, (the “Site”) belonging to Bleedingrock.com. This Site and any of the services provided by Bleedingrock.com in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms of Service. Please read these Terms of Service carefully. By accessing this Site or purchasing our services you agree to be bound by these Terms of Service.

In this consent, “we”, “us”, and “Bleedingrock” are used to refer to Bleedingrock.com.

2. Privacy
Please view our Privacy Policy at www.bleedingrock.com/site/docs/legal/en/privacy.htm.

3. Country of Origin
Bleedingrock.com is headquartered in, and operates from the United States of America (US), and is translated from English (en). All prices listed on, and subsequent proposals originating from this site shall be in United States Currency (USD).

4. Electronic Terms of Service
On June 30, 2000, Congress enacted THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-Sign Act) to ensure the legality of electronic contracts. By obtaining products or services electronically through Bleedingrock.com, you agree that you have read and accept the terms outlined as follows. All of the disclosures, records, invoices, and other information being provided to you may, at Bleedingrock’s sole discretion, be in electronic form. Information provided in electronic form will not be distributed in paper. Furthermore, you also agree to receive your invoices and billing via email, and make electronic payments from our site or email invoices using links to PayPal's secure servers. Your consent covers all of your transactions relating to the product or service that you agree to obtain. In order to ensure that we are able to provide you with important notices and other account information from time to time, you must update us with any change in email address.

5. Notices to You
You agree that Bleedingrock.com may provide notice to you by posting it on our website or by emailing it to the email address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. Furthermore, you agree to review your transactions through your Account History instead of receiving periodic statements.

6. Intellectual Property
All marks or images that appear throughout this site belong to Bleedingrock.com or the respective owners of such marks and images, and are protected by United States and international copyright and trademark laws. These laws strictly prohibit any use of any of the marks, images, or animated images appearing throughout this site without the express written consent of Bleedingrock.com or the owner of the mark or image. Bleedingrock™, Bleedingrock.com™, Bleedingrock Ingenuity™, Bleedingrock Web Development™, the Bleedingrock Cube Logo, and the slogans “What does your cyber shadow say about you”, “Since the turn of the millennium, providing an efficient holistic approach to managing your web presence” and “A virtual cornucopia of creative resources for your physical property, real property, and virtual property for the 21st Century” are all trademarks of Bleedingrock.com. We operate in accordance with THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 and will act on infringement violations. Please read our complete Notice of Copyrights and Trademarks online at www.bleedingrock.com/copyright.htm

7. Fair Use
This Website may contain some copyrighted material whose use has not been authorized by the copyright owners. We believe that the use on this Web site constitutes a fair use of the copyrighted material as provided for in section 107 of the US Copyright Law. Fair Use notwithstanding, we will immediately comply with any copyright owner who presents a valid request to have their material removed.

8. The Disability Discrimination Act of 1995 (UK)
We operate in accordance with THE DISABILITY DESCRIMINATION ACT OF 1995 (UK). Should you have problems accessing any portion of this site, you may contact us for further assistance via email, voicemail, fax, or sms provided at www.bleedingrock.com/company.

9. Special License Restrictions for Non-Human Visitors
Special restrictions on a visitor's license to access this Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Non-Human Visitors are restricted from taxing the resources of the Website beyond what would be typical of a human visitor. Furthermore, as specified by the “no-email-collection” flag in the header pages within the Website and/or the contents of the robots.txt file, email addresses on this site are considered proprietary intellectual property of the author of the Website. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, You acknowledge and agree that each email address the Website contains has a value not less than US $500 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited. As a visitor to the Website, you consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason. VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

10. Digital Files
The Client is responsible for keeping a complete and current copy of all data and files sent to us, to serve as a backup. Bleedingrock.com is NOT RESPONSIBLE for any lost files or data sent to us via email or upload, and will delete all digital information from our hard drives and servers when we determine it to be no longer needed.

11. Client Confidentiality
Non-disclosure agreement (NDA), also known as a confidentiality agreement, confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement. Regarding our Client's disclosure of certain information and our treatment of that information. In consideration of the Client’s disclosure of the Confidential Information for Bleedingrock.com to use for Web design and marketing purposes, Bleedingrock.com agrees to the following use and disclosure obligations:

11.1. Title to the Confidential Information and all related materials and documentation the Client deliverers to Bleedingrock.com will remain with the Client. Bleedingrock.com agrees to treat such Confidential Information as secret if it is so marked, otherwise identified as such, or when, by its very nature, it deals with matters that, if generally known, would be damaging to the best interests of the Client, other contractors or potential contractors with the Client, or individuals or organizations about whom the Client keeps information. By way of example but not by way of limitation, information should be treated as confidential if it includes any proprietary documentation, materials, flow charts, codes, software, computer instructions, techniques, models, information, diagrams, know-how, trade secrets, data, business records, images, or marketing information.

11.2. Bleedingrock.com agrees not to disclose any Confidential Information to third parties and to use it solely for the purpose described in the provisions of this Agreement. Bleedingrock.com will restrict circulation of the Confidential Information within its organization and then only to people in the Bleedingrock.com organization that have a need to know the Confidential Information.

11.3. Bleedingrock.com will be liable for the disclosure of such information whether the disclosure is intentional, negligent, or accidental, unless otherwise provided below.

11.4. Bleedingrock.com will not be liable for any unintentional disclosure of the Confidential Information that results despite our exercise of at least the same degree of care as it normally takes to safeguard its own secrets.

11.5. Bleedingrock.com will not incorporate any portion of any Confidential Information into any work or product, other than a work product that will be delivered to the Client for the Client's sole use. Also, the Bleedingrock.com will have no proprietary interest in any of the Confidential Information. Furthermore, Bleedingrock.com will cause all individuals in its organization who have access to any Confidential Information to execute a confidentiality agreement incorporating the obligations in this Agreement.

11.6 Our obligation to maintain the confidentiality of the Confidential Information will not apply where any of the following apply:

• The Confidential Information was already in our possession before disclosure by the Client, and such was received by Bleedingrock.com without obligation of confidence.
• The Confidential Information is developed independently by Bleedingrock.com.
• The Confidential Information is or becomes publicly available without breach of this Agreement.
• The Confidential Information is rightfully received by Bleedingrock.com from a third party without an obligation of confidence.
• The Confidential Information is disclosed by Bleedingrock.com with the written consent of the Client.
• The Confidential Information is released in accordance with a valid order of a court or governmental agency. But in such a case, we must first notify the Client of the order immediately upon our receiving it. And the Client also must make a reasonable effort to obtain a protective order from the issuing court or agency limiting disclosure and use of the Confidential Information solely for the purposes intended to be served by the original order of production.

11.7. Bleedingrock.com will destroy any originals and copies of any Confidential Information it has made upon termination or expiration of this Agreement.

11.8. Once a website is published online and made publicly available, you assign to Bleedingrock.com the right to publish and distribute screenshots of your website pages for promotion electronically, including publication on the web, in video, and on CD-ROM, and to archive and make it permanently retrievable electronically. Site owners retain their copyright interest in their work, however, this agreement supersedes any other licensing of the page content.

12. Hosting on Third Party Servers
For Clients NOT hosting on Bleedingrock servers. Your use of a third party Web hosting service is at your sole risk. We do not provide backups for clients who choose to host on their own, or a third party server. Our responsibility for your files ends at the time we upload your files to your host, or provide you your files in hard copy digital format.

13. Data Loss
For Clients hosting with Bleedingrock. We maintain backups of only your most recent version of your Web pages and site related files. For privacy, Bleedingrock.com is not able to backup your email accounts and are not responsible for any loss of email and/or data residing on your account for any reason. You agree to take full responsibility for saving or backing up your email to maintain all appropriate backups of email stored on our Web Host's servers. Backups of Web page files or other data will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Bleedingrock.com. We reserve the right to transfer your hosting to a different provider at any time.

14. Liability
We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all hosting accounts are well taken care of. Any network problem, equipment/hardware failure, data backup and storage or outage will not be grounds for reimbursement for any subsequent financial damages or losses. Bleedingrock.com is NOT responsible for data backup integrity or subsequent loss. Shared hosting accounts and dedicated servers should not be used for mission critical websites or email that require absolute redundancy. Managed dedicated servers are not guaranteed against any hacking attempt, denial of service attack, security breech, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident. By using the services of Bleedingrock.com, Inc., you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services. If you need fail safe hosting services, contact us for special arrangements and related contracts.

15. Sending Unlawful or Unsolicited E-mail (Web host anti-spam policy)
Accounts caught sending unsolicited email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund, and will be charged $100 per complaint filed. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on our servers and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so. Bleedingrock.com reserves the right to investigate accounts accused of sending unlawful or unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation. You must operate in compliance with the requirements of The CAN-SPAM Act. Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS.

16. Payments to Bleedingrock.com
We maintain a merchant account with PayPal™ who acts solely as a Payment Service Provider. PayPal™ is an independent contractor for all purposes, except that PayPal acts as your agent with respect to the custody of your funds only, and is a TRUSTe licensee.

16.1. Security. Protecting your privacy and private financial data is very important. Payments are made at PayPal's site using their secure https servers and NO private financial data is shared with us by PayPal. Once you have reviewed our privacy policy, please review PayPal’s in order to better understand our commitment to maintaining your privacy, as well as PayPal's use and disclosure of your Information at www/paypal.com/us.

16.2. Transaction History. You may view your transaction history by logging into your PayPal account and looking at your Account History subtab on the Account Overview Web page. You agree to review your transactions through your Account History instead of receiving periodic statements.

16.3. Refused Transactions. When you send money, Bleedingrock.com is not required to accept it. Should we decide not to accept a payment for any reason including, but not limited to, accidental over payments and/or unsolicited payments made through our Web site, we will return the refused payment within 30 Days from the date you initiated payment. If a payment is denied or refunded for any reason, we will return the money using the original Payment Method.

16.4. Chargebacks. If, at any time, a chargeback is issued through your credit card company, bank or PayPal (including PayPal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute, and start collection efforts. These same terms apply to overdue invoices.

16.5. Over Due Accounts, and Late Fees. Services paid on an annual basis are invoiced approximately 30 days before your billing cycle ends, with several reminders sent until the due date. Overdue invoices are charged a nominal late fee. Hosting accounts are suspended if not paid by the due date and terminated 14 days past due. If an account is suspended or terminated, reconnection and set up fees will apply. These fees are published at www.bleedingrock.com/myaccount/renewal.

16.6. Recurring Payments. A Recurring Payment is a payment in which you authorize a Merchant to directly charge your PayPal account on a one-time, regular, or sporadic basis. An example of a Recurring Payment is signing up for a service where you agree to allow a Merchant to directly charge your PayPal account each month for a particular service you have purchased. Recurring Payments are sometimes called “subscriptions”, “preapproved payments“, or “automatic payments.”

16.7. Waiver of Notice for Certain Recurring Payments. When a Recurring Payment is made by Instant Transfer or eCheck, you have the right to contact Bleedingrock.com and request on 10 Days advance notice before the Recurring Payment is made, provided that the amount of the payment varies.

16.8. Canceling Recurring Payments. You may cancel a Recurring Payment at any time up to 3 Business Days prior to the date the payment is scheduled to be made. To cancel a Recurring Payment, YOU MUST log in directly to your PayPal Account, access the My Account tab, then access the Profile tab, then access the Financial Information column and click on “My Preapproved Payments” and follow the instructions to cancel the payment. Please keep in mind that Recurring Payments are sometimes referred to as “subscriptions” or “preapproved payments.” In addition, if you cancel a Recurring Payment you may still be liable to us for the payment and any late fees, and may be required to pay us through alternative means.

17. Refunds, Returns and/or Cancellations
In any event, any deposited funds for a project shall not be subject to refund after commencement of the project. There are no refunds, returns or cancellations unless Bleedingrock.com cancels or terminates your Contract for a reason other than your breach or non-performance, We will only make a refund if we have deemed that Bleedingrock.com has not delivered services in an efficient and effective manner as promised. If for any reason a refund is granted, including, but not limited to, accidental over payments or unsolicited payments, SAID REFUND MUST BE REQUESTED WITHIN 30 DAYS OF YOUR PAYMENT. After 30 days, we will credit your account for the amount of said refund.

18. Your Content and Intellectual Property Issues
By emailing or uploading Content, you are warranting that you own all proprietary rights, including copyright, in and to the Content.

18.1 In addition, to the extent that the Content contains images of people or persons, you represent and warrant that you have obtained a valid and binding model release from all required parties that will permit the uses for such Content.

18.2 You also warrant that where required by applicable law, you have also obtained a valid and binding release relating to any identifiable property contained in the Content that might sensibly lead to the identity of or be required by the owner of such property to permit the uses of such content.

18.3 As the Supplier of this content, You also agree that neither Bleedingrock.com, nor any of it's employees, partners, affiliates or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any Content or Descriptive Information, or any error, omission or other matter relating to a model or property release respecting Content or Descriptive Information.

19. Proofreading and Editing
It is Bleedingrock's policy to use your unformatted text exactly as it is supplied to us. We do not proofread, edit, or otherwise change the Client's text content. Furthermore, we assume no liability for typographical mistakes or other errors contained within the Client's original text as supplied to us. Corrections will be billed at our hourly rate. Bleedingrock does offer, at an additional cost, content writing services.

20. Termination of our relationship

20.1 You have the right to end your relationship with us at any time. If you decide to end our relationship, we have the right to retain payments made on services rendered as described in paragraphs 16 and 17 of our Terms of Service.

20.2 We have the right to end our relationship with you at any time. Examples of when this may be necessary include:
• if in our opinion a conflict of interest arises.
• if any payment due to us, or reasonably required by us on account of fees or expenses, is not made.
• if we are unable to obtain full or adequate instructions from you, or if you fail to fulfil your responsibilities in responding to our requests.
• if we determine that the relationship of trust and confidence necessary between us and you does not exist.

20.3 Payment of fees on termination
If we or you decide to end our relationship, you will be responsible for our charges and expenses incurred before termination, plus any further charges and expenses for work necessary to transfer our files to another server of your choice.

20.4 Terms continue to be binding on each of us notwithstanding such termination.

21. Non-Discrimination
Bleedingrock does not discriminate on the basis of race/ethnicity, national origin, disability, veteran status, sexual orientation, marital status, gender, age, or religion in the administration of this site, any of its services, outside services contracts, or any other business dealings.

22. Severance of terms
If all or any part of our Terms of Service Agreement is or becomes invalid or unenforceable in any respect, then the remainder of the Terms of Service Agreement will remain valid and enforceable.

23. Force majeure
We shall not be liable to you if we are unable to perform our services as a result of any cause beyond our reasonable control. In the event of any such occurrence affecting us we shall notify you as soon as reasonably practicable.

24. Changes to our Terms of Service
If we decide to change our Terms of Service policy, we will post those changes on this page, and/or update the modification date below.

This policy was last modified on 19 August, 2010

25. Contacting Us
If there are any questions regarding our Terms of Service you may contact us using the information contained at www.bleedingrock.com/company.