To enrich and perfect your online experience, AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. uses cookies to help AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. identify and track visitors, their usage of https://mainavenuedesign.host/ or https://mainavenuedesign.com/ or any subdomin or alias thereof; and their website access preferences. AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. websites, with the drawback that certain features of AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. websites may not function properly without the aid of cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. use of cookies.
Your privacy is critically important to us.
AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. is located at: P.O. BOX 35643 CLEVELAND, OHIO 44135 UNITED STATES. It is AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to https://mainavenuedesign.com (hereinafter, “Main Avenue Design Co.” or “Main Avenue Design Co. Hosting” or “us”, “we”, or “https://mainavenuedesign.host” or “https://mainavenuedesign.com”). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.
Like most website operators, AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. purpose in collecting non-personally identifying information is to better understand how AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. visitors use its website. From time to time, AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. Hosting may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://mainavenuedesign.host or https://mainavenuedesign.com blog posts. AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Certain visitors to AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. Hosting’s websites choose to interact with AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. in ways that require AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. to gather personally-identifying information. The amount and type of information that AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://mainavenuedesign.com to provide a username and email address.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. You agree to understand and agree with this realization and will hold us liable for security breaches or loss of data or general unavailability due to security reasons.
Ads may appear on our website and may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. and does not cover the use of cookies by any advertisers.
Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. behalf or to provide services available at AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. website, you consent to the transfer of such information to them. AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. believes in good faith that disclosure is reasonably necessary to protect the property or rights of AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co., third parties or the public at large.
If you are a registered user of https://mainavenuedesign.host or https://mainavenuedesign.com/ or any subdomain or alias thereof and have supplied your email address, AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. may collect statistics about the behavior of visitors to its website. AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. may display this information publicly or provide it to others. However, AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. does not disclose your personally-identifying information.
This site uses affiliate links and may earn a commission from certain links. This does not affect your purchases or the price you may pay.
We may also pay affiliates a commission for traffic, purchases of goods or services from our websites, or for other reasons. Affiliates are not employees of AlgoRhythms Studios, Ltd.
If AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co., or substantially all of its assets, were acquired, or in the unlikely event that AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. may continue to use your personal information as set forth in this policy.
Although most changes are likely to be minor, AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. may change its Privacy Policy from time to time, and in AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. sole discretion. AlgoRhythms Studios Ltd. d/b/a/ Main Avenue Design Co. encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Portions of this privacy policy was created at termsandconditionstemplate.com. If you have any questions about this Privacy Policy, please contact us via email . Terms and Conditions
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that: You are eighteen (18) years of age or older and of sufficient legal and mental capacity to understand, enter into and abide by the terms of this agreement. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party including, but not limited to, any corporate entity you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Main Avenue Design Co. is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain, or suspended domain registration due to failure to verify your contact information. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Main Avenue Design Co. Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Our Team will make every effort to help you move your website to us. Depending on the ease (or complexity) of transfer, Transfers may be provided as a courtesy service for up to 1 cPanel account (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.
We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The transfer service is available for five (5) days from your sign up date.
Transfers outside of the five (5) day period will incur a charge; please contact a member of our staff to receive a price quote. In no event shall Main Avenue Design Co. be held liable for any lost or missing data or files resulting from a transfer to or from Main Avenue Design Co. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, ” Main Avenue Design Co. Content”), are the proprietary property of algoRhythms Studios, Ltd. or algoRhythms Studios, Ltd.’s licensors. Main Avenue Design Co. Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Main Avenue Design Co. Content. Any use of Main Avenue Design Co. Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Main Avenue Design Co. Content and may result in legal action. All rights to use Main Avenue Design Co. Content that are not expressly granted in this Agreement are reserved by algoRhythms Studios, Ltd. and algoRhythms Studios, Ltd.’s licensors.
[4.1] User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Main Avenue Design Co. that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. If you would like to conduct your own backups you MUST purchase block storage from us. Main Avenue Design Co. reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to Main Avenue Design Co. a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Main Avenue Design Co. does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Main Avenue Design Co. exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Main Avenue Design Co.’s computers, network hubs and points of presence or the Internet. Main Avenue Design Co. does not monitor User Content. However, you acknowledge and agree that Main Avenue Design Co. may, but is not obligated to, immediately take any corrective action in Main Avenue Design Co.’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Main Avenue Design Co. shall have no liability due to any corrective action that Main Avenue Design Co. may take.
[5.1] Third Party Providers
Main Avenue Design Co. may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Main Avenue Design Co. does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Main Avenue Design Co. is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
[5.2] Main Avenue Design Co. as Reseller or Licensor
Main Avenue Design Co. may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Main Avenue Design Co. Products”). Main Avenue Design Co. shall not be responsible for any changes in the Services that cause any Non- Main Avenue Design Co. Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Main Avenue Design Co. Products, either sold, licensed or provided by Main Avenue Design Co. to you will not be deemed a breach of Main Avenue Design Co.’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Main Avenue Design Co. Product are limited to those rights extended to you by the manufacturer of such Non-Main Avenue Design Co. Product. You are entitled to use any Non-Main Avenue Design Co. Product supplied by Main Avenue Design Co. only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Main Avenue Design Co. Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Main Avenue Design Co. Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
[5.3] Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Main Avenue Design Co. (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Main Avenue Design Co. also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Main Avenue Design Co. may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to immediate suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Main Avenue Design Co. may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Main Avenue Design Co. of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Main Avenue Design Co. may clean-up your account for an additional fee.
Main Avenue Design Co. reserves the right to migrate your account or any data from one data center to another in order to comply with applicable data center policies, local law or for technical or any other reasons without notice.
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Main Avenue Design Co. does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Main Avenue Design Co. is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact us.
You agree to cooperate fully with Main Avenue Design Co. in connection with Main Avenue Design Co.’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Main Avenue Design Co. is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Main Avenue Design Co. to provide the Services, which may be changed by Main Avenue Design Co. from time to time in our sole discretion without prior notice.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Main Avenue Design Co. does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
[10.1] Multiple Accounts.
Users may not open or create multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
[10.2] Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
[10.3] Autorenewal.
Unless otherwise provided, you agree that until and unless you notify Main Avenue Design Co. of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
[10.4] Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Main Avenue Design Co.’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
[10.5] Late Payment.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Main Avenue Design Co. may suspend or terminate your account and pursue the collection costs incurred by Main Avenue Design Co., including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Main Avenue Design Co. will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
[10.6] Domain Payments.
It is solely your responsibility to notify Main Avenue Design Co. via a support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Main Avenue Design Co. is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed within thirty (30) days before the renew date.
[10.7] Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Main Avenue Design Co. may report any such misuse or fraudulent use, as determined in Main Avenue Design Co.’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
[10.8] Invoice Disputes.
You have sixty (60) days to dispute any charge or payment processed by Main Avenue Design Co.. If you have any questions concerning a charge on your account, our billing department directly for assistance.
[10.9] Money-back Guarantee
Main Avenue Design Co. offers a thirty (30) day money-back guarantee for Main Avenue Design Co.’s hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a $9.95 setup fee for Basic/Plus and $19.95 setup fee for any other Hosting package offered. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
[11.1] Payment Method.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
[11.2] Money-back Guarantee.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first five (5) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Main Avenue Design Co. Support Team (the “Refund Request”) within five (5) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to Main Avenue Design Co. for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section. Requests for these refunds must be made in writing to the Main Avenue Design Co. Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
[11.3] Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
[11.4] Non-refundable Products and Services.
There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Main Avenue Design Co.’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
[11.5] Cancellation Process.
You may terminate or cancel the Services by giving Main Avenue Design Co. written notice via our billing system and receiving confirmation. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Main Avenue Design Co. may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your written cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” Main Avenue Design Co. will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through our online billing system in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations for shared accounts will be effective on the account’s renewal date.
[11.6] Domains.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Main Avenue Design Co.’s Billing department via a support ticket created from https://www.MainAvenueDesign.com/billing to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Main Avenue Design Co. is not responsible for any change in exchange rates between the time of payment and the time of refund.
[11.7] Termination.
Main Avenue Design Co. may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Main Avenue Design Co. or others or cause Main Avenue Design Co. or others to incur liability, as determined by Main Avenue Design Co. in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Main Avenue Design Co. shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Main Avenue Design Co. may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
[12.1] Permitted CPU and Disk Usage.
All use of hosting space provided by Main Avenue Design Co. is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Main Avenue Design Co. expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Main Avenue Design Co. may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Main Avenue Design Co.’s terms and conditions. Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.
[12.2] Bandwidth Usage.
Shared servers are limited in their bandwidth allowance. Refer to hosting package specifications for more details.
[12.3] Uptime Guarantee.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Main Avenue Design Co. and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://www.MainAvenueDesig.com/billing to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.
[12.4] Price Change
Main Avenue Design Co. reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will attempt to provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Main Avenue Design Co. through the user billing tool or through other methods of communication, including notices sent or posted by Main Avenue Design Co..
[12.5] Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
[13.1] General Provisions.
IN NO EVENT WILL Main Avenue Design Co. ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Main Avenue Design Co. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Main Avenue Design Co.’s LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Main Avenue Design Co. FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
[13.2] Indemnification
You agree to indemnify, defend and hold harmless Main Avenue Design Co., our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
[13.2] Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Main Avenue Design Co. and will be held at the AAA location chosen by Main Avenue Design Co. in Ohio. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Main Avenue Design Co. will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Main Avenue Design Co. alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Main Avenue Design Co. in violation of this paragraph, you agree to pay Main Avenue Design Co.’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
[13.3] Independent Contractor
Main Avenue Design Co. and User are independent contractors and nothing contained in this Agreement places Main Avenue Design Co. and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
[13.4] Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Ohio. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
[13.5] Disclaimer
Main Avenue Design Co. shall not be responsible for any damages your business may suffer. Main Avenue Design Co. makes no warranties of any kind, expressed or implied for the Services. Main Avenue Design Co. disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Main Avenue Design Co. or our employees.
[13.6] Backups and Data Loss
Your use of the Services is at your sole risk. Main Avenue Design Co.’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to customer accounts as a courtesy and may be modified or terminated at any time at Main Avenue Design Co.’s sole discretion without prior notice. Accounts larger than 5GB or 20,000 inodes WILL NOT be included in nightly backups. Main Avenue Design Co. is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Main Avenue Design Co.’s servers.
[13.7] Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Main Avenue Design Co. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Main Avenue Design Co. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Main Avenue Design Co. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
[13.8] Disclosure to Law Enforcement
Main Avenue Design Co. may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
[13.8] Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
[13.9] Headings.
The headings herein are for convenience only and are not part of this Agreement.
[13.10] Changes to the Agreement or the Services
Main Avenue Design Co. may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Main Avenue Design Co. website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. Main Avenue Design Co. reserves the right to modify, change, or discontinue any aspect of the Services at any time.
[13.11] Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
[13.12] Waiver
No failure or delay by you or Main Avenue Design Co. to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
[13.13] Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Main Avenue Design Co.. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Main Avenue Design Co. may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
[13.14] Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
[13.15] Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
This Agreement shall be given immediate effect between AlgoRhythms Studios, Ltd., D/B/A/ any of the following: Main Avenue Design; Main Avenue Design Co.; Main Avenue Design Hosting; Main Avenue Design Co. Hosting or any of its duly authorized agents, representatives and assigns (“Designer”) and individual(s), Corporation(s), duly authorized agents or assigns as stated in any Proposal, Quotation or verbal or electronic correspondence relating to request for services; request for quotation; or any other communication (“Client”), collectively known as the “Parties” with respect to the creation, design, domain registration and hosting of website services as requested by Client (hereinafter referred as the “Work”).
WHEREAS, Designer has previously provided Client with a description, proposal and/or quotation for services for the above mentioned Work (“Proposal”), and Client has approved and fully agrees to said proposal and/or quotation;
WHEREAS, Client wishes Designer to create the above mentioned Work on Client’s Behalf, as per the Proposal, as more fully described herein or by prior or subsequent verbal, print, email, written and/or electronic transmission(s); and Designer wishes to create such Work;
NOW, THEREFORE, in consideration of the foregoing promises and mutual covenants hereinafter set forth and other valuable considerations, the Parties hereto agree as follows:
Description of terms transmitted verbally, in writing and/or electronically between Designer and Client are hereinafter made a part of this Agreement, and shall describe the requested Work that is the subject of this Agreement between Designer and Client. Alternatively, additional terms transmitted electronically between Client and Designer may also be incorporated into this Agreement so long as they do not conflict with major provisions of this Agreement.
Description of payment terms and/or payment schedule transmitted verbally, in writing and/or electronically between Designer and Client are hereinafter made a part of this Agreement, outlines the payment amounts and dates between Designer and Client.
[3.1] DUE DATES
Drafts of the Work and the Finished Product shall be provided to Client on dates or a general time period mutually agreed upon by Designer and Client. If not previously stated, Client is hereby made aware that failure to submit required/requested information, funds or materials (including, but not limited to: photos, URLs, data artifacts or other assets critical to completion of the Work) in a timely manner may cause subsequent delays in production or delivery of the finished Work.
Designer agrees to exercise reasonable effort to prevent such delays; however, Client understands that such delays could result in significant delays in delivery of the finished product and that delays resulting from this failure are not Designer’s liability. Furthermore, Designer reserves the right to cancel or terminate the project based on excessive delays and/or failure to submit requested information, payment, materials or other assets.
[3.2] FEES & ADDITIONAL SERVICES
With the exception of work provided FREE of charge, gratis or at a discount, upon completion of said Work, Designer agrees to provide Client with 2 (two) hour(s) of content changes at no additional charge, provided it is requested by writing within five (5) calendar days of said completion.
After expiration of the five (5) calendar days, or 2 (two) hour(s) of content changes whichever occurs first, changes in Client input of direction or changes will be charged at a rate of $125.00 / HOUR. Client agrees to pay any invoices for said additional work within 5 (five) calendar days of submission, and Designer reserves the right to withhold additional requested work if Client fails to promptly pay said invoice. Any additional work requested to Designer by Client, which is not specified PRIOR to work commencing will be considered an additional service and such work will require a separate agreement and payment from that specified in for the current said work.
[3.3] DOMAIN EXPENSES
If a Domain name is needed to complete the Work, Client agrees to pay Designer in full for the initial purchase of the domain name. Client understands that annual renewal costs of the domain, subject to the amounts dictated by the domain provider (including domains provided through Main Avenue Design Co. using Third Party Providers), shall be invoiced to Client no later than 5 (five) days of renewal. Should Client not provide the renewal amount to Designer when requested, Client understands that the domain will automatically non-renew for non-payment, THUS CAUSING THE CLIENT WEBSITE TO BE NON-FUNCTIONAL.
[3.4] WEB HOSTING EXPENSES
Client agrees to pay Designer in full for the initial purchase of the web hosting services. Client agrees to use Web Hosting services exclusively provided or designated by Main Avenue Design Co. Client understands that web hosting services are owed monthly. Monies owed for web hosting services may not always be invoiced and that they shall be due to Designer on a recurring basis on the date specified by Designer. Should client not provide the renewal amount to Designer within 10 (TEN) days of the date due, Designer reserves the right to cancel said web hosting services at that time, thereby removing Client’s website from all hosting servers for non-payment, THUS CAUSING THE CLIENT WEBSITE TO BE NON-FUNCTIONAL.
[4.1] ASSIGNMENT OF WORK
Designer reserves the right to assign other Designers to the design and/or maintenance of said Work to ensure quality, timely production and/or continued operation without prior notice to Client.
[4.2] RESERVATION OF RIGHTS
All rights not expressly granted herein are reserved to Designer, including, but not limited, to final creative design and programming choices, platform usage, and rights in sketches, composites, drafts, or other preliminary materials.
[4.3] PERMISSIONS AND RELEASES
Client agrees to indemnify and hold harmless Designer against any and all claims, costs and expenses, including attorney fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release. Client understands that Designer is under no duty to investigate copyright permissions for materials requested by Client.
[4.4] PUBLICATION
Client may publish or disclose information regarding the Work and shall acknowledge the support of Designer in all such publications. Client will not use Designer’s professional and/or personal name or logo in any advertising or publicity without the prior written approval from Designer. Designer may (at Designer’s option) use the professional or personal name and/or links (hyperlinks or in other form) to the work or other indication of Client’s website in marketing, promotion, etc. without prior consent of Client.
[4.5] CONFIDENTIALITY
The Client and the Designer, or a representative of them, may disclose confidential information to each other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving property. Confidential information includes, but is not limited to information that is already known to the party to which it is disclosed; is or becomes part of the public domain without breach of this Agreement; is obtained from third parties, which have no obligation to keep confidential to the Parties of this Agreement.
[4.6] COPYRIGHT NOTICE
Copyright for the Work is in the Client’s name. Upon completion and payment of Work, the copyright will be automatically released to the Client.
[5.1] TERMINATION
Either party may terminate this Agreement by giving 15 (fifteen) calendar days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of Client, Designer shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement.
If additional payment is due, this shall be payable within 5 (five) calendar days of the written notification to stop work. In the event of termination, Client will also pay any expenses incurred by Designer and the Designer shall continue to own all rights to the Work. Client will also assume responsibility for all collection of legal fees necessitated by Client’s default in payment. Client and Designer are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither Client nor Designer has any authority to assume or create any obligation or liability, express or implied, on behalf of the other.
[5.2] Choice of Law; Agreement
This agreement shall be governed by and construed in accordance with the laws of Ohio applicable herein. The undersigned agrees to the terms of this Agreement on behalf of his or her organization or business. NOTE: Either party may signify agreement with this Technical Services Agreement by explicit signature, or by implied means, including, but not limited to: electronic transmission of any kind; continued production of the Work by Designer; and/or by Client tendering payment to Designer.
