Last Modified January 19th, 2015
Upon notice published online, Vivid Candi, Inc. (Herein referred to as Vivid Candi) may modify these terms and conditions, and/or fees charged, as well as discontinue or change the services offered. If you do not agree to these terms and conditions, please direct any questions or concerns to corporate at firstname.lastname@example.org or call 310-456-1784, so we may initiate the termination of your user account. If you have any questions about the Vivid Candi Acceptable Use Policy (AUP), please contact the Vivid Candi Customer Service department at 310-456-1784.
1.0 Provision Of Services
1.1 Vivid Candi will provide services on its computing and network systems to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document.
1.2 Vivid Candi services are defined as the use by the account holder of computing, telecommunications, Vivid Candi software, and information services provided by Vivid Candi. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the “Internet”.
1.3 Vivid Candi may provide computer software and programs with its user accounts. However, Vivid Candi does not provide a warranty, either expressed or implied, as to the usability or behavior of these programs.
1.4 Vivid Candi services include access to the worldwide USENET discussion groups (newsgroups). Some of these discussions may contain language or pictures about subjects intended for Adult audiences. Account holders less than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.
1.5 Vivid Candi will publish a notice of fee changes on-line or via email and/or written notice before such increases will take effect.
2.0 Use of Material
2.1 Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Vivid Candi services. Account holders may also re-distribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.
2.2 As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Vivid Candi services without the permission of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
2.3 Note that some materials available on the Internet are called “SHAREWARE.” These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the material for examination. If you choose to continue using the materials, the copyright holder requests that you register your usage and may ask that you pay a license fee.
3.0 Use of Services
3.1 Vivid Candi user accounts are for individual users (even if paid for by their employer) and the account holder therefore agrees not to share the password of the account. The account holder acknowledges that Vivid Candi will terminate the account after appropriate notification if the account holder does not comply.
3.2 The account holder agrees to maintain a secure password to the account. Secure passwords are those that are at least 5 characters long, contain two or more of the following: upper case characters, lower case characters, numbers or mathematical characters. Furthermore, the password should not be found in direct or reverse order in a dictionary.
3.3 The account holder agrees not to use any process, program, or tool via Vivid Candi services for guessing the passwords of account holders on Vivid Candi or other systems. The account holder agrees not to use Vivid Candi services to make unauthorized attempts to access the systems and networks of others.
3.4 The account holder agrees to use the services provided by Vivid Candi as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
4.1 The account holder acknowledges that Vivid Candi makes an honest effort to keep the information or services available on Vivid Candi’s systems accurate or available to other interconnecting networks. However, Vivid Candi can make no warranty of any kind, either expressed or implied, regarding the availability, quality, accuracy, or validity for the data or services provided. Use of information and services obtained from or through Vivid Candi is at the risk of the account holder.
4.2 The account holder also acknowledges that the information available through the interconnecting networks may not be accurate or always available. Vivid Candi has no ability or authority over the material. Vivid Candi can make no warranty of any kind, either expressed or implied, regarding the availability, quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Vivid Candi services is at the risk of the account holder.
4.3 The account holder agrees to indemnify and hold Vivid Candi harmless from any claims, including attorney’s fees, resulting from the account holder receiving Vivid Candi services which cause direct or indirect damage to another party.
5.0 Payment Of Fees And Penalties
5.1 The Vivid Candi billing cycle is monthly or annual, starting for each user respectively from the day their account is activated, and continuing for one month or year, unless otherwise arranged or prorated to a beginning of the month billing cycle.
5.2 Vivid Candi user accounts which are prepaid to take advantage of term discounts are non-refundable in the event of account cancellation.
5.3 Delinquent accounts are those that are unpaid after the due date, or those whose payments are refused by the account holder’s credit card company or bank.
5.4 Accounts that are delinquent are put on “accounting lock” and may not be used. Vivid Candi accounts continue to accrue charges while they are locked.
5.5 Accounts that are on accounting lock will only be “unlocked” after the Vivid Candi Accounting department has cleared the account and the account is paid in full. Accounts will only be unlocked during the hours of 9am-5pm Monday-Friday, Pacific Time, excluding holidays.
5.6 The account holder acknowledges full responsibility for the account until payment in full is made.
5.7 Administrative fees for such services as toll free (800) service, account changes or custom programming will be assessed automatically upon completion of the administrative service requests. The account holder will be notified beforehand if such a charge is deemed necessary.
6.0 Account Cancellations
6.1 Cancellation requests for Vivid Candi accounts must be received via acknowledged email or in writing via fax or postal service at Vivid Candi’s main office 30 days prior to said cancellation.
Such requests must be received before the billing recycle day at which the customer’s account would normally cycle in order to be processed so that the customer is not billed for the next usage period.
6.2 All Vivid Candi accounts must be paid in full before the transaction will be considered complete.
6.3 Inactive mailboxes not checked in over 6 months time will be changed so that no additional email may be received. Existing mail can be checked during a hold period of 90 days, however new mail can not be received. If the customer wishes to fully reactivate the account, he/she must contact Vivid Candi. If after the hold period of 90 days, Vivid Candi is not contacted, the account mailbox will be deleted.
7.0 Abuse Of Services
7.1 Any use of Vivid Candi system resources that disrupts the normal use of the system for other Vivid Candi users is considered to be abuse of system resources and is grounds for administrative intervention, including account suspension. Examples of system misuse can include, but are not limited to, the following: Violation of Vivid Candi’s published usage limits, such as the continuous online time limitation, multiple logins or using Personal World Wide Web Pages for commercial purposes. Running automation programs (commonly called “bots”) on Vivid Candi’s server systems and/or other server systems through Vivid Candi’s dialup access links. Leaving unattended systems online for other’s use. Sending unwanted or large amounts of unwanted email messages, posting commercial advertisements in USENET newsgroups, or making large numbers of article posts to inappropriate newsgroups (behavior commonly referred to as “spamming”) through Vivid Candi electronic mail or USENET news servers, Use of profanity, sexually explicit language, or sexually explicit material on World Wide Web homepages stored in a Vivid Candi user account, or in electronic mail stored or transmitted through Vivid Candi computer systems. Use of copyrighted materials without permission of the copyright holder on World Wide Web homepages stored in an Vivid Candi user account.
7.2 Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on Vivid Candi’s installation software or associated setup utilities is an abuse of Vivid Candi services.
7.3 Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or, if severe enough, have their account suspended by Vivid Candi Technical Support without prior notice. If the misuse is unintentional, the suspension may be rescinded at the discretion of Vivid Candi’s Technical Support Manager.
7.4 Violations of any of the Vivid Candi conditions of use are unethical and may be criminal offenses. When Vivid Candi becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further unauthorized activity, Vivid Candi may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at Vivid Candi’s discretion.
8.1 Vivid Candi considers your privacy to be important. The purpose of this policy is to make sure you understand the information we may collect about you and what we do with it.
8.3 Collection of information about you by Vivid Candi. When you register to use a Vivid Candi service, we may ask you (or you may be asked by prompts from the web site, for example), to provide or we may collect from you the following kinds of information:
Your Name, address (including your e-mail address), telephone numbers, levels of service.
When this information is used in a manner that identifies you, this information shall constitute “Personal Information”. When this information is used in a manner that does not identify you, this information shall constitute “Statistical or Aggregated Information”. Federal law allows Vivid Candi to collect Personal Information from or about you using the Vivid Candi service without your consent in order to: (i) obtain information necessary to render the Vivid Candi service to you (ii) to detect unauthorized reception of service. Vivid Candi may collect other Personal Information from you with prior written or electronic consent.
8.4 Use of Personal Information by Vivid Candi. Vivid Candi uses Personal Information for legitimate business activities related to the provision to you of a Vivid Candi service, including, without limitation, to bill you for Vivid Candi services, for accounting or tax purposes, to detect unauthorized use of a Vivid Candi service, violation of the Vivid Candi AUP, or violation of law, and for mailing or sending promotional material or information to you about products and services.
8.5 Security Measures. Vivid Candi will implement reasonable hosting / server side security measures to protect Personal Information from unauthorized access. This does not include free upgrades of WordPress or it’s plugins which could cause security vulnerabilities.
Any WordPress website developed by Vivid Candi DOES NOT INCLUDE FREE WORDPRESS UPGRADES OR SUPPORT POST 30 DAYS FROM LAUNCH. We offer webmaster plans that include this service and can quote this service a la carte upon request. Vivid Candi recommends clients upgrade their WordPress core and plugins on a regular basis and advises that any client that does not do this is at EXTREME RISK for malware, hacker attacks, trojan horses, viruses and many other forms of security breaches. No client of Vivid Candi who does not keep their WordPress core and plugins up to date with the current release may hold Vivid Candi liable for any damages of any sort (consequential, punitive, etc.) and claims full responsibility themselves for any negligence on the matter and indemnifies Vivid Candi of any liability or responsibility. It is STRONGLY ADVISED CLIENT DOES NOT ATTEMPT TO UPGRADE WORDPRESS OR ANY PLUGINS THEMSELVES… doing so may create irreversible damage and any support required to fix it will be charged at our hourly rate. Rush rates may apply.
8.7 Depending on your hosting plan, backups may or may not be included. Backups may also be just every 24 hours meaning if you don’t restore your site in time after error it may have backed up with the error. Incremental backups may be purchased at additional costs that can date back 30, 60 or 90 days. It is highly recommend that Vivid Candi clients run their own manually backups by downloading their site via FTP and exporting their SQL database where applicable to a local saved file on a regular basis. For WordPress websites, we recommend setting up a WordPress backups plugin and have it download the backup to your local computer/server.
9.0 Damages, Contract Changes, Attorney Fees & More
9.1 CONSEQUENTIAL DAMAGE: Client will not hold Vivid Candi, Inc. responsible or liable for any consequential damages such as loss of profits, punitive damages or any other damages claimed. Any damages pursued will be limited to only any funds paid successfully to Vivid Candi, Inc.
9.2 CONTRACT CHANGES VIA EMAIL: Client may not use emails to change the contract in any way. This applies to email strings of any sort and client understands contract will not be altered or voided in anyway as a result of email communication and will not be admissible in court. Any alterations to the original contract are required to be signed and in writing.
9.3 NON-SOLICITATION OF VIVID CANDI EMPLOYEES, INDEPENDENT CONTRACTORS & VENDORS: Any attempt on the part of the client to induce any employee or independent contractor to leave any Vivid Candi, or any effort by the client to interfere with Vivid Candi’s relationship with its employees, independent contractors and vendors would be harmful and damaging to Vivid Candi.
The client agrees that, during the term of this Agreement, and for a period of two (2) years after the termination of the Agreement, the client will not in any way directly or indirectly:
1) Induce or attempt to induce any employee, independent contractor and/or vendor of Vivid Candi to quit employment or any other type of professional relationship they have with Vivid Candi and/or to otherwise interfere with or disrupt the Vivid Candi’s relationship with its employees, independent contractors and/or vendors.
2) Client may not discuss employment opportunities or provide information about competitive employment to any of Vivid Candi’s employees, independent contractor and/or vendors or solicit, entice, or hire away any employee, independent contractor and/or vendor of the Vivid Candi.
9.4 ATTORNEY FEES: In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs.
9.5 GOVERNING LAW FOR THIS AGREEMENT: This agreement will be governed by the current laws of the state of California and any disputes must be resolved at the court located in Santa Monica, California.
9.6 ***** OPTIONAL WEBMASTER SUPPORT FROM VIVID CANDI: ***** Every client of Vivid Candi has the option of paying Vivid Candi for ongoing webmaster services to support them with regular WordPress core & plugin upgrades, security updates, support on hacker attacks (attacks, viruses, trojan horses, etc.), general ongoing updates to content, functionality additions and anything else requested that can be done within the monthly webmaster retainer allocated hours. A separate agreement for this service with additional monthly fees must be signed to execute it. Any client who does not pay Vivid Candi for ongoing webmaster services agrees to waive all liability and may not claim negligence or gross negligence as a result of their decline of this service should anything damaging happen to their website.