Kinfolk Crafts Web Design & Hosting Agreement

1. Description:

This Agreement is a legal agreement between you and Kinfolk Crafts (kinfolkcrafts.com), located in Cape Girardeau, Missouri, U.S.A. In this document, "you" or "Client" refers to any person or business requesting development, design, or hosting of a web page or web site by Kinfolk Crafts, and "us" or "we" refers to Kinfolk Crafts. This Agreement represents the entire agreement of the parties and supersedes all other prior agreements, understandings or discussions concerning its subject matter.  

2. Term and Termination:

  1. The term of this agreement will begin once you pay the deposit fee.


  2. This Agreement shall continue until expired or terminated.  Hosting accounts will be automatically renewed according to the plan ordered and Client's credit card will automatically be charged. Either party may terminate this Agreement without cause with Thirty (30) days prior notice to the other party.


  3. If one party breaches the Agreement, the other party may terminate this Agreement immediately by notifying, in writing, the party who has breached of the intent to terminate.

  4. Kinfolk Crafts shall remain the owner of any web site created by us until all web design fees are received from the Client. Graphics are not sold with the web site, but are only licensed to the Client for use on the web site created by us. Every web site must contain the appropriate copyright notice on every page the graphics are used. Kinfolk Crafts shall have the authority to remove and/or resell the website if Client does not pay the web design fees.

  5. Kinfolk Crafts has the right to remove any web site hosted by us from the Internet if Client fails to pay the hosting fees by the renewal date.

3. Modifications to Agreement:

We reserve the right to modify this Agreement at any time by posting the modified Agreement and terms on the Kinfolk Crafts web site.  Please bookmark this page and check back periodically.

4. Web Site Design and Development Services Provided by Kinfolk Crafts:

When requested by you, Kinfolk Crafts shall provide the following web site design and development services:

  1. Development: We will provide web design and development services for you from information and digital images provided by you. Kinfolk Crafts will add graphics, set-up, and add the first 30 products to the Craft-e-site (Miva Merchant) shopping cart. Client may add unlimited products (within the hosting plan's storage limits) to the shopping cart.


  2. Maintenance: If your site was created and is hosted by us, we will perform one update per month to text and contact information (limited to 2000 words per month) for the first year. Additional years of maintenance may be purchased as needed. Client will be responsible for adding and updating product information and image to the Craft-e-site (Miva Merchant) shopping cart. Kinfolk Crafts will provide email assistance as necessary.  


  3. Craft Mall: We will place a link to your business or ecommerce web site in our craft mall directory, with a thumbnail image of your product or logo in the category(s) of your choice.  

5. Your Requirements:

  1. You represent that you are age 18 or older and legally authorized to enter into this agreement.

  2. You agree to comply with all applicable laws and will not violate the rights of any other person or entity, including but not limited to, copyright, trademark, trade dress, service marks or other intellectual property rights.

  3. You will determine the price and write the description of your product, and other text for your web page or site.

  4. You will provide Kinfolk Crafts with a .jpg or .gif image of your product. Scanning services may be available for an additional fee. 

6.  Web Page or Site Content:

  1. Kinfolk Crafts reserves the right to refuse service to any person at our sole discretion.  Kinfolk Crafts will not host or create the following types of sites:
    1. Web sites containing pornographic material, adult only items or sex objects.

    2. Racist or hate-related web sites.

    3. "Warez" sites, including but not limited to any copyrighted software or music files.  Sites which provide methods for circumventing copy protection ("cracks", keycodes, serial numbers, decoder chips, etc...) are also not permitted.

    4. Sites containing items contradictory to traditional Judeo/Christian values (ex: Wiccan or Witchcraft sites).

    5. Any other content which is not legal in the United States.

7.  Unsolicited Email/SPAM

Kinfolk Crafts will not host web sites which are advertised through unsolicited email, excessive newsgroup crossposting, or off-topic newsgroup posts.  What is considered spam is determined at the sole discretion of Kinfolk Crafts.  Sites in violation of this policy will be shutdown without refund of any kind.

8.  Fees:

You agree to pay Kinfolk Crafts the hosting or web design fee according to the plan selected by you.  The hosting fee will be automatically charged to your credit card upon the renewal date unless this agreement is terminated according to the terms in section 2 "Terms and Termination".    

  1. Web Page/Web Site Development Fees:  Work on your web site or web page will not begin until the deposit is paid.  Full payment for your web page or web site is due within 10 days after completion of your web site. 

  2. Hosting Fees:  Hosting will begin once you are given notice by Kinfolk Crafts that your web site is online if the site is developed by us, or we notify you of your account information and password if the site was not created by us.  
9.  Refunds:  
  1. Custom Web Site Design and Development:  You will be entitled to a refund of your deposit, less a $5 service fee if you cancel your order prior to the mock-up of your site being completed.  If you cancel after work to your site or mock-up has begun, a $50 service fee will be held out of your deposit. 

  2. Craft-e-Site™ Web Sites: You will be entitled to a complete refund, less a $25 service fee if your order is cancelled within two weeks of ordering.

  3. Hosting:   Refunds are available within the first 30 days of hosting minus any setup or domain registration fees. After 30 days, no refund is offered or promised.

  4. Breach of Agreement: Deposits and hosting fees are not refundable if this Agreement has been breached by Client resulting in termination by Kinfolk Crafts.

10. Kinfolk Crafts Company Web Site

We reserve the right to change the name of the Kinfolk Crafts web site, design, layout and any other features of our web site at our sole discretion.

11. DISCLAIMER OF WARRANTIES:

WE PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY:

IN NO EVENT SHALL KINFOLK CRAFTS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS AND ASSIGNS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE.) OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

13. INDEMNIFICATION:

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD KINFOLK CRAFTS, IT’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE OR ARISING OUT OF USE OF THE SERVICE, OR THE VIOLATION OF THIS AGREEMENT. YOU FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD KINFOLK CRAFTS, IT’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY RELATING TO THE INFRINGEMENT BY YOU, OF ANY COPYRIGHT, TRADEMARK, TRADE DRESS, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

14. Choice of Law:

The laws of the State of Missouri shall govern this Agreement. Any dispute concerning this Agreement, or any matter related in any manner to this Agreement, shall be subject to the exclusive jurisdiction of the courts of the State of Missouri located in Cape Girardeau County, Missouri. If any provision of this Agreement is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties.

14. Waiver:

No waiver by Kinfolk Crafts of any breach by Client of this Agreement shall be construed to be a waiver of any succeeding breaches.

This Agreement was modified on January 30, 2007.