WARRANTY ON CONTRACT WORK
Policy for Services under a Signed Agreement
In reference to any new site development, LCM warrants that all Services will be provided in a professional manner, with respect to the Web Site Development Services, such warranty shall expire for all purposes thirty (30) days after Client commences live production use of its web site. As “software bugs” occasionally do arise despite all proper planning and efficient coding, LCM does not warrant that the work will operate at all times without interruption or will be error-free. If such “bugs” do surface, Client must report any deficiencies in the Deliverables to LCM in writing within the Warranty Period in order to receive warranty remedies. After the Warranty Period, additional work on the Deliverables will be charged on a time-and-materials basis at LCM’s standard hourly rates. Clients who elect for work conducted on a time-and-materials basis will not be shown priority attention, and such work shall be performed on an “as time permits” basis (based on team’s current workload and in relation to other key deliverables in the pipeline). However, a Priority Web Support plan, for example a Content Management Plan (billed monthly), may be leveraged to prioritize the Client’s requests and bypass the time-and-materials work methodology. Such Priority plans also permit Client to take advantage of Loud Canvas Media’s 24/7/365 Helpdesk–for which access is only provided to customers on Priority Support Plans.
PROFESSIONAL SERVICES – POLICIES & TERMS
Policy for Services without Agreement
Web Hosting and other recurring service fees are billed and paid in arrears — i.e. for the previous billing term for said service. This means if fees are elected to be paid annually you will be billed at the end of the term for LAST year’s service. Client shall receive an invoice after services are performed/executed. All service fees are non-refundable and will not be prorated if Client elects for early termination.
Cancellation of Services
Cancellation requests for web hosting or other similar services must be provided in writing at least 30 days prior to renewal date of Client’s term. Any/all files or databases can be provided to Client as a .zip or .gz backup file upon request. LCM is not responsible for any files, databases, or data left on its server(s) after a cancellation request has been submitted.
CONFIDENTIALITY & SECURITY
All written information submitted by Client(s) to LCM in connection with Services which is marked as Client confidential or proprietary information will be safeguarded by LCM during the term of written Agreement to the same extent that LCM safeguards like information relating to its own business. LCM will not be responsible for safeguarding information which is publicly available, already in LCM’s possession, or rightfully obtained by LCM from third-parties.
CREDIT/DEBIT CARD POLICY
Credit/Debit Cards are employed by Loud Canvas Media for receiving monies in exchange for web hosting, security, and/or marketing services. As mentioned here and elsewhere in this document, Credit/Debit Card information is NOT stored on any LCM server or in any database or other such storage device owned or managed by LCM. Credit/Debit card data is securely transferred to our credit card processing company at time of first transaction and held there for future processing of payment(s) for recurring services.
As is true of any web hosting firm or agency, LCM only accepts payment via Credit/Debit card for web hosting and other recurring service fees. For such services LCM does not accept payment via Cash, Check, Cashier’s Check, Money Order, or other such devices. In situations when a 24-month+ contract is in effect LCM may on occasion, and at its sole discretion, permit automated ACH transfers for payment.
CORPORATE CARD POLICY: While LCM does not expressly forbid use of personal credit/debit cards for business transactions for companies with ten (10) employees or fewer, such activity is STRONGLY DISCOURAGED. Use of a “corporate card” for payment of recurring web hosting and other service fees is preferred, requested, and sometimes enforced. Any company with eleven (11) or MORE employees MUST USE A CORPORATE Credit/Debit Card for payment of web hosting and similiar automated services. If you have any questions or concerns about this policy, please request more information in writing.
This is Loud Canvas Media’s policy regarding information you might supply on this site in order to contact Loud Canvas Media, seek employment with Loud Canvas Media, complete surveys, engage for services, pay invoices, or otherwise communicate with Loud Canvas Media. We want to earn your trust and want all our site visitors to understand what information we collect and how we use it.
Your Personal Client Data:
What We Collect
Visitors & Clients: On each visit to loudcanvas.com or other web sites controlled/hosted by Loud Canvas Media, our server automatically recognizes only the visitor’s IP address. We cannot obtain your e-mail address or any other personal data unless you proactively supply it to us. The only data collected by loudcanvas.com that identifies individual site visitors is voluntarily transmitted to Loud Canvas Media by site visitors using our contact forms, signup forms, or other online mechanisms. Such information may include names, e-mail addresses, street addresses, telephone numbers, requests for further information, resumes, or other personal data.
Current Clients: LCM does NOT, under any situation, store client credit card data or any sensitive data.
Use of Your Information
Loud Canvas Media is the sole owner of information collected on this site. All information collected is treated confidentially. If you have applied for a job with us, we will contact you by e-mail or phone unless you tell us otherwise. Loud Canvas Media does not store any sensitive client information other than name, email address, address, and phone number. As such, we do not sell, share, or rent any information to others. We do not share or sell any information about you for commercial purposes.
Why We Ask For Your Information
As our clients/customers, we need to know basic personal data about you in order to provide you with notices in writing (email and mail). We do not collect any personal data which we do not need in order to provide and oversee our defined and contracted service(s).
What We Do With Your Personal Information (UK and USA)
All the personal data we manage is processed by our staff; however, for the purposes of IT hosting and maintenance this information is located on one server in Montreal, Canada (CA). No 3rd parties have access to your personal data unless the law allows them to do so.
LCM has a Data Protection policy in place to oversee the effective and secure processing of all personal data we manage.
Retention. How Long We Store Personal Data
We are required under US and UK tax law to keep very basic personal data (name, address, contact details) for a minimum of 6 years; after which time it will be destroyed. Client information used for sales or marketing/communication purposes will be kept with us until you notify us that you no longer wish to receive such information.
What We Request to Do with Your Personal Info
What Are Your Privacy Rights?
If at any point you believe any personal information we process is incorrect, please request to see this information and have it corrected or deleted. If you wish to raise a complaint on how we have handled your personal data, you can contact us at any time and we will remediate and solve the issue quickly.
IF YOU ARE A UK CUSTOMER: If you are not satisfied with our response or believe we are processing your personal data not in accordance with UK law, you can complain to the Information Commissioner’s Office (ICO). Our Data Protection Officer is Sean Dempsey and you can contact him at support at loudcanvas.com.
loudcanvas.com and other web sites under our control contain links to other sites. Loud Canvas Media is not responsible for and cannot control privacy practices of other such linked sites. When you leave loudcanvas.com we encourage you to read the privacy statements of each and every linked Web site that collects personally identifiable information, because we are not responsible for the activities or policies of these other sites.
Loud Canvas Media takes reasonable precautions to protect our visitors’ information by utilizing current technology. When you submit personal information via the loudcanvas.com Web site(s), it is protected online and offline. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you at our site. If you feel that we are not following our stated information policy, you may contact us using the Contact form on this site.
HOSTING ENVIRONMENT RULES OF CONDUCT
1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.
2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use the Site or the Services in a manner (as determined by Loud Canvas Media in its sole and absolute discretion) that:
- Is illegal or promotes or encourages illegal activity,
- Promotes/incites/facilitates acts of violence, hate speech, and/or terrorism; Promotes, encourages, or engages in child pornography or the exploitation of children;
- Contains promotes or encourages adult content, pornography, nudity of any kind, and/or the written word of a sexual nature.
- Promotes, encourages, or engages violence against people, animals, or property;
- Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
- Promotes, encourages, or engages in gambling apps or websites;
- Promotes, encourages, or engages in material depicting gratuitous violence towards others;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site.
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Loud Canvas Media or Loud Canvas Media’s Services;
- Uses our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of Internet services to your site or our systems.
4. You will not use the Site for the following content:
- Video files (such as .mp4, .webm, .mov) are prohibited and these must be hosted on a video platform such as YouTube or Vimeo and embedded to the site via iframe for use. Alternatively, the use of an external storage system for delivery, such as Amazon Web Services S3 (AWS) is acceptable.
- Audio files (such as mp3 or m4a) are prohibited and these must be hosted on an external platform such as Anchor FM, Spotify, or Soundcloud. An embed can be used to share these assets on site without strain on the server. Alternatively, the use of an external storage system for delivery, such as Amazon Web Services S3 (AWS) is acceptable.
- Large (40mb+) zip files, mp3s, or site backups are prohibited and will be removed from the account without a backup of removed file.
- Site Backup plugins are prohibited from the server; Loud Canvas Media provides data retention and can provide backups per its Data Retention Policies. (See below)
- Accounts larger than 20GB must be pruned or moved to dedicated VPS (Virtual Private Server); for pricing on a VPS please contact [email protected]
- Sites with > 75GB+ of bandwidth usage per month must be moved to dedicated VPS (Virtual Private Server); for pricing on a VPS please contact [email protected]
Our servers are optimized for reliability, performance, and security. Some plugins unfortunately try to recreate some features or are particularly malicious and can cause conflicts with our hosting environments. For this reason, the following plugins are prohibited.
- Any Plugin that allows direct editing of the database or files
As technology is constantly evolving – this list may be changed by our team at our discretion without notice.
The following items and practices are also prohibited.
- Image hosting scripts that allow an anonymous user to upload an image for display on another website (like Photobucket or Tiny Pic)
- Banner ad services for display on other websites or devices (commercial banner ad rotation)
- File dump/mirror scripts that allow an anonymous user to upload a file for other to download (like Rapid Share)
- Commercial audio streaming (more than one or two streams)
- Push button mail scripts that allow the user to specify recipient email addresses
- Anonymous or bulk SMS gateways
- Backups of content from another computer or website
- BitTorrent trackers
- Any script that causes a degradation in the performance of our server or network environment
5. Marketing/Bandwidth Needs
- LCM (Loud Canvas Media) must be made aware of any upcoming national advertising (e.g., Super Bowl ads, etc.) to ensure stability for the server.
- Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth, and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites, or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking, or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Loud Canvas Media does not pre-screen User Content. However, Loud Canvas Media reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Loud Canvas Media may remove any item of User Content (whether posted to a website hosted by Loud Canvas Media and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Loud Canvas Media in its sole and absolute discretion), at any time and without prior notice. Loud Canvas Media may also terminate a User’s access to this Site, or the Services found at this Site if Loud Canvas Media has reason to believe the User is a repeat offender. If Loud Canvas Media terminates your access to this Site or the Services found at this Site, Loud Canvas Media may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected of using our products and services to send spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo, or other instant messenger programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
We will not allow our servers and services to be used for the aforementioned purposes. To use our products and services, you must not only abide by all applicable laws and regulations, but you must also abide by this no-spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any website hosting, domain registration, email boxes, or other applicable services until the customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email [email protected].
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
DATA RETENTION POLICIES
Loud Canvas Media takes backups of web environments hosted on our servers for implementation and security purposes only. These backups occur and are stored at regular intervals. Our web environments are backed up for the past 4 days, 3 weeks on Sundays, and 4 months on the 1st of the month. Loud Canvas Media reserves the right to modify these intervals without notice for server maintenance or performance purposes and does not guarantee the stability of these backups as they are direct copies of the site at the time of backup.
Clients can request a site restoration from a previous backup by emailing [email protected]
In the event that a client ends hosting with Loud Canvas Media, they will be provided cPanel and FTP access to generate and migrate their own backup of their web environment. * Once the hosting contract ends, Loud Canvas Media will maintain a dormant copy of the site in storage for up to 6 months. This data may be removed at Loud Canvas Media’s discretion without notice, or upon client request.
Loud Canvas Media may remove any item of User Content posted to a website hosted by Loud Canvas Media and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Loud Canvas Media in its sole and absolute discretion), at any time and without prior notice.
*Web Express builds for agencies have an exit clause, and any request to cancel services for a client that belongs to an agency partner needs to involve the agency contact before proceeding.