SERVICE AGREEMENT

FMD shall provide its Services to You under the Terms and Conditions of this Service Agreement. You and will be referred to as the Customer. In some places you might be referred to simply as YOU. The Agreement is intended to keep the integrity of our services on the one hand, and that of the Customer on the other, thus protecting both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

Along with the Order Form, Job Order Form, Free Quotes Form and any other documents or agreements explicitly specified in this Agreement, the Service Agreement constitutes the whole act of convention between FMD and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.

Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with sies: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.

You understand and agree that the Service is provided "AS-IS" and that FMD assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.

• WARRANTIES AND REPRESENTATIONS
  FMD provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with FMD confronts with service interruption issues.
• NO UNLAWFUL OR PROHIBITED USE. FMD CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, blasphemy, and any other materials of an adult nature.
• THIRD PARTY
  Any dealings with third parties (including advertisers) included within the FMD shall not be responsible or liable for any part of any such dealings or promotions.
• TERMINATION
  You agree that FMD, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms. This is only applicable to our web site design and development services.
• SERVICE DENIAL
  FMD reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to FMD and liable for reasonable interest of 10% and  any collection fees.
• YOUR RESPONSIBILITIES
  You are solely responsible for the content of your messages. Using the FMD Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
  
• TORTUROUS CONDUCT
  Any case of indecent treatment towards a FMD employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with FMD employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.
  
  Other acts of treatment towards FMD employees that will be considered as unacceptable include any verbal, oral, written or second party threats addressing FMD or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS.  FMD keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
• SPAMMING IS PROHIBITED
  We will determine at our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

1. the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
2. the sending of junk mail
3. the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
4. posting commercial ads to USENET newsgroups that do not permit it
5. posting articles containing binary encoded data to non-binary newsgroups
6. excessive and repeated posting of off-topic messages to newsgroups
7. excessive and repeated cross-posting
8. e-mail harassment of another Internet Customer or Customers, including but not limited to the transmission of any threatening, libelous or obscene material, or material of any nature which could be deemed offensive
9. the e-mailing of age-inappropriate communications or content to anyone under the age of 18
10. "Spamming" is considered an explicit misuse of ethical principles and will be interpreted as a violation of them
11. The maximum number of allowed e-mail messages sent per day is 1500. There are no exceptions to this rule. Every customer who is sending more than 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.

• COMPLAINTS PROCEDURE. FMD is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are strongly encouraged to make use of our complaints procedure detailed below.
• In order to file a complaint, please send an email to info@fullmediadesigns.com specifying the nature of the problem you are facing. Please provide as many details about your particular case as possible. The more we know about your situation, the more prompt and adequate our resolution will be.
  Here are the steps for addressing every single complaint:
  1. FMD will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. FMD reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
  2. FMD representative will review your situation, look for an appropriate solution and will inform you of the timeframe within which a response should be expected.
  3. If an FMD  representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
  4. If the FMD Customer Care manager can't resolve your complaint, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days and reply with a solution within five working days.
• COPYRIGHTS
  Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
  Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability for the removal of any such material.

ASSIGNMENT
FMD shall  have the right to assign this Agreement without customer  permission. This Agreement shall be in force and effect to the total benefit of the Customer and FMD and their successors and permitted assigns.

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