PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms and conditions described in this document ("Terms and Conditions"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms and Conditions are entered into by and between Virtual Crayon and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer's behalf.
Virtual Crayon reserves the right, at it's sole discretion, to change, modify, update, add, or remove portions of the Terms and Conditions at any time without notice to you. Please check these Terms and Conditions for changes. Your continued use of this website following the posting of changes to the Terms and Conditions will mean you accept those changes.

Accounts & Security

If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Virtual Crayon immediately of any unauthorized use of your account or any other breach of security. Virtual Crayon will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Virtual Crayon or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. If you provide any information that is false, inaccurate, out of date, or incomplete, or Virtual Crayon has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Virtual Crayon may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the services.

Virtual Crayon Billing Procedure

If You Pay by PayPal
Customers who pay by Paypal are e-mailed invoices, with payment due by the date specified. Payments are considered late 5 days after that date and a late fee will be assessed to your account. All accounts must be prepaid, and late payments may result in suspension of your account.
If You Pay by Cheque or Money Order
Customers who pay by Cheque or Money Order are e-mailed invoices, with payment due by the date specified. No website will be activated unless payment has been received. Payments are considered late 5 days after that date and a late fee will be assessed to your account. Non payment will result in suspension of your account.
Refunds And Cancellations
Charges will be automatically applied to your account when due. To cancel your account we must be contacted within 5 business days before your next billing cycle. There are no refunds.
Account Suspension
Your account may be suspended for becoming past due or violating our Terms and Conditions of Service.
If your account is past due, it will not be reactivated until your balance is current, and a reactivation fee of £25 is paid. Should your account fall over 30 days past due, your files will be deleted from the server.
If your account was terminated for violating our terms and conditions, we will not reactivate it for any reason.
Disk Usage
If you exceed you allotted disk usage for you account you will be billed a rate of £5.00 per MB in 5 MB increments. Please remember that your log files count as disk usage and you should back them up or reset them regularly.
Late Fees
Any accounts not paid by due date are subject to a £5.00 late fee.
Collection Procedures
Your account becomes overdue 5 days after the due date on the invoice. Should your account become overdue, you will receive a reminder via email that we have not received your payment. If your account becomes more than 10 days past due your service will be suspended. If your account becomes more that 60 days past due, your data will be removed from the servers and your account will be referred to our collection agency.

Web Design Services

Our Web Design service is only implemented on receipt of a completed Standard Web Design Application Form and cleared payment by cheque or online credit card payment. This application will take the form of our online form or the printed form on the website. Any Domain Names requested will be purchased in the name of and include contact address of the business or individual submittiting an application. It remains the responsibility of the company or individual to pay renewal fees for any domain defined in a submitted application. Virtual Crayon will create a site navigation system comprising the link titles, which the customer submits on application for a design project. These link titles should take the form of coma-separated values i.e. Home Page, Contact Us, and Services etc. Virtual Crayon will include images, which the customer supplied with their application. These images must be in GIF or JPEG format and the customer must specify on which page of their site they wish each image to appear. There is a limit of twenty images for a Standard Web Design. These images will be used as is unless the customer agrees to fee for image processing. Virtual Crayon will insert the text supplied by the customer in the pages they specify. We reserve the right to refuse publication of your site without refund if we deem that any submitted content is inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information. In the event that any of the afore mention issues arise it remains the responsibility of the customer to rectify any submitted content. You will be notified upon the completion of your site by email. You will have seven days to request any changes to your site. After the expiration of this seven-day period a fee may be charge for any modifications that you request. All graphics, page layout and cascading style sheets shell remain the copyrighted property of Virtual Crayon or its subsidiaries or affiliated companies and/or third-part licensors except where supplied by the customer. Your web site copyright will acknowledge that graphics, page layout and cascading style sheets are the copyrighted property of Virtual Crayon or its subsidiaries or affiliated companies and/or third-part licensors except where supplied by the site owner.

No Unlawful or Prohibited Use

Virtual Crayon websites may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of the above which compromises the integrity of Virtual Crayon or any other network is strictly prohibited.

As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Virtual Crayon server, or the network(s) connected to any Virtual Crayon server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Virtual Crayon server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Use of Services on this Website

The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:

Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
Use any Virtual Crayon domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
Transmit unsolicited or bulk communications to any Virtual Crayon account holder or to any Virtual Crayon email address (regardless of whether you use the website to transmit any such communication).
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

Virtual Crayon has no obligation to monitor the Communication Services. However, Virtual Crayon reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. Virtual Crayon reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Virtual Crayon reserves the right at all times to disclose any information as Virtual Crayon deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Virtual Crayon's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Virtual Crayon does not control or endorse the content, messages or information found in any Communication Services and, therefore, Virtual Crayon specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Virtual Crayon spokespersons, and their views do not necessarily reflect those of Virtual Crayon.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Interaction with Virtual Crayon Staff.

Any threat, vulgar language or harassment directed at any Virtual Crayon staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of Virtual Crayon should be reported immediately.

Indemnity

You agree to indemnify, defend and hold Virtual Crayon, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Submissions, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms and Conditions, or your violation of any rights of another.

Advertising and Promotions

Virtual Crayon may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by Virtual Crayon is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Virtual Crayon found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Virtual Crayon is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Virtual Crayon advertisers on the website.

General Information

The Terms of Use constitute the entire agreement between you and Virtual Crayon and govern your use of the website, superseding any prior agreements between you and Virtual Crayon on the subject matter (including, but not limited to, any prior versions of the Terms and Conditions). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and Virtual Crayon in effect as of the date of your use of the website and specifically regarding your use of the website ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other Virtual Crayon services or third-party content. You must not assign or otherwise transfer the Terms and Conditions nor any right granted hereunder.
Virtual Crayon controls and operates this website from its headquarters in various locations in the United Kingdom and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The failure of Virtual Crayon to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.