Encodable Industries
Terms of Service for Website Design & Development
You must agree to these terms of service before placing an order. We suggest that you print a copy for your reference.
The Encodable core applications, as included in packages B and H, are the copywritten work of Encodable Industries. If you are purchasing a package which includes these applications, Encodable Industries grants you license to use the applications on a single website. You are expressly prohibited from using the applications on any website other than the one set up for you by Encodable Industries. You are further prohibited from distributing the applications in any way, and are prohibitied from copying them except for your own backup purposes.
Depending on your situation, you may need to pay for hosting and/or a domain name, as explained on our packages page. These fees are not assessed automatically, are not paid to Encodable Industries, and are in addition to the cost of the Encodable Website Package for which you are about to place an order. Nonetheless as explained on the packages page, these extra services may be required in order for you to have a functional website. Therefore you should contact us before placing an order to find out whether these extra fees will apply to your situation. In the event that you do require a paid hosting account and/or domain name, these services are provided by third parties. Encodable Industries can recommend companies to you and walk you through setting up accounts with them, but you agree that Encodable Industries is not responsible for your accounts with these companies and is not liable in the event of any problems with these third-party services.
If you are not paying for a hosting account, then you will be running your website on your own computer. This requires the installation of a web server and other supporting applications, which is a very technical process requiring a couple hours to complete. This is what comprises the Setup Package, and Encodable Industries will do this for you. This requires you to allow us to log in to your system over the internet; if you are using Windows XP then this is accomplished via the built-in Remote Assistance feature, otherwise you will need to temporarily install a third-party application for this. Both Windows' Remote Assistance feature and the third-party application require a password for security purposes, so that your computer can only be accessed by people to whom you give the password. You agree to install this application if not using Windows XP (we will walk you through the installation process), and to give us the password in either case, so that we can set up your website, after which you are free to change the password and/or remove the application from your computer completely.
If you will be running your website on your own computer, you should be aware that in the past, some internet service providers (ISPs) did not allow their customers to run any type of server on their internet connection, and that some ISPs may still have such policies. However, in our experience, even ISPs who do have such policies rarely enforce them except when the server in question is hosting illegal content (copyrighted music, child porn, etc). Nonetheless, if you run a server on your computer, your ISP may contact you and demand that you turn it off, in which case your only recourse may be to upgrade to their "premier" or "business" package which allows servers, or to buy a paid hosting account for your website. Encodable Industries does not offer paid hosting accounts, but we can refer you to companies who do. In such an event, Encodable Industries will gladly help you move your website from your home computer to a paid hosting account at no charge, but you would have to pay for the hosting account itself. (You can read more about paid hosting accounts on our packages page.) In any case, you agree that Encodable Industries shall under no circumstances be liable for any fees or damages or any other consequences that may arise with your ISP.
We apologize for the legalese, but it is a necessary part of any service contract. If you have any questions about these Terms of Service or about anything else regarding Encodable Industries or our services, please do not hesitate to contact us.