Revised: April 10th 2008

  1. Definitions
    "Balistyk Designs®" or any of its subcompanies (i.e. Balistyk Graphics®, Balistyk Video®, and Balistyk Web Design®) shall be referred to as "we","us", "The Company" or similar by syntax. You as the reader of this document shall be referred to as "clients", "client" or similar by syntax. We are in the business of providing "web servers" in the form of predetermined web space, "web design" in the form of completely custom websites, "web graphics" in the form of completely custom company logos or similar, "video" in the form of game broadcasts, highlights, and commercials, or other internet based services. These services will from now on be referred to in this document as our "services", "the services", or similar by syntax. The date in witch the pre-paid subscription period has ended shall be referred to as "due date".

  2. Privacy Statement
    Balistyk Designs® is highly sensitive to the privacy interests of clients and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, Balistyk Designs® has adopted the following Privacy Policy applicable to information about consumers that it acquires in the course of its business:

    Acquisition of Information. We do not acquire any more information about consumers than is required by law or is otherwise necessary to provide a high level of service efficiently and securely. Our Employees and Privacy. We train all of our employees about the importance of privacy. We give access to information about clients only to those employees who require it to perform their jobs. Security Measures. We make access to privacy-sensitive information subject to rigorous procedural and technological controls, consistent with legal requirements and the demands of customer service. Disclosure to Third Parties. We will provide individually-identifiable information about consumers to third parties only if we are compelled to do so by order of a duly-empowered governmental authority, we have the express permission of the client, or it is necessary to process transactions and provide our services. Privacy and Our Business Partners. When we make our technology or services available to business partners, we will not share with them any more client information than is necessary, and we will make every reasonable effort to assure, by contract or otherwise, that they use our technology and services in a manner that is consistent with this Privacy Policy. Computer information such as IP addresses and web browser information may be used to perform diagnostics and reports without the client's consent.
    If you have questions about this privacy policy, please send an e-mail to balistykdesigns@frontiernet.net

  3. No Resale of Service
    You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

  4. File Transfer Protocol (FTP) Access
    Any FTP site should only contain files that are directly related to the website that is being hosted. For example we do not approve: pornographic material, illegal movies, illegal mp3's.
    We have the right to remove or alter any file you or any persons with your FTP access should upload.

  5. Server settings
    Clients agree that modifying any settings or files are not at the fault of the company. Modifications of files or settings are generally accepted unless they affect performance or bandwidth of the server hardware.  In doing so the client takes full responsability for any damage done to files or settings there in the server, and agrees to paying the charge for server repair of damages done by modifying the server settings. The company is not responsible for changing settings. The company is responsible for updating the server's core when a new release is available.

  6. Cancellation
    To cancel your account a client must contact Balistyk Designs® via e-mail at balistykdesigns@frontiernet.net and confirm their subscription status with the company owner, as well as give regards and reasoning why you are cancelling your account and/or subscription.
     
    Canceling entitles you service for the canceled subscription until that subscriptions "due date" at the time of cancellation, and it does not entitle the client to any money back or refund for time lost. The Company reserves the right to cancel service or suspend service without warning.

  7. Refunds/Money Back Guarantee
    We offer a 10 day money back guarantee on new orders only. Each client is entitled to one money back guarantee.

    To cancel your account a client must contact Balistyk Designs® via e-mail at balistykdesigns@frontiernet.net and confirm their subscription status with the company owner, as well as give regards and reasoning why you are cancelling your account and/or subscription. 

    To be eligible for the money back guarantee the client must have had a server related issue that was unable to be resolved by our support team. Any issues submitted after submitting cancelation for the money back guarantee are void.

    Clients will not be eligible to receive money back if they are experiencing no issues with their web server. It is at the discretion of Balistyk Designs® to grant the client their money back as we see fit.

  8. Downtime
    If there is an unplanned downtime of Service, the company may choose to give time as compensation.

    Downtimes due to maintenance, natural disasters, or issues uncontrollable by our company are not valid for any refund.

  9. Agreements
    To gain access to any of the Companies service, the customer must agree to be bound by these terms and services. Any failure to accept these terms and services means the customer does not have permission to access any services provided by the company and must terminate any uses of services if any.

    In addition the customer must agree that these terms of service can be changed by the company at any time and the customer is responsible to read the terms of services regularly.
    The client agrees when paying with credit card, the credit card expiration date, address, and the last four digits of the card number can be saved in our system. We do not save the full credit card number or credit card verification number for security purposes.

    The client agrees the company may send electronic mail at anytime to the clients email addresses on file.

  10. Payments / Prices
    Clients agree by setting AUTORENEW or AUTOBILL to YES or TRUE on thier subscription grants the rights for the company to perform a debit on any of the clients credit cards on file on or two days before the due date of that specific subsciption. You may set AUTORENEW or AUTOBILL to YES or NO as you choose by clicking the 'Auto-Renew Status' link on the right side of your account after you login.

    The Company reserves the right to modify, by increasing or decreasing their prices at any point in time at the end of each clients subscriptions due date.
     
  11. Support request / Abuse
    Our company reserves the right to limit or stop the support given to a client who is abusing the support. Definition: "abusing the support" - impatience, flooding in live chat, bad attitude, refuses to follow the administrator's instruction.

  12. Disclaimer
    On some of our sites we have links to other websites on the Internet. For all links the following declaration applies: we want to make clear that we have no influence on the design and the content of these linked websites. For that reason we disassociate from all content of linked websites and do not claim ownership. This declaration applies to all links and to all contents of pages that are linked on our website.

  13. Patches / Updates
    The Company will patch servers to the latest released version automatically as soon as the company knows that a new patch is released and is ready to be applied. The Company does not normally support older or outdated versions of server software. The Company is in no circumstances responsible for bugs/defects/errors in server or client software as well as any compatibility issues with settings or modification applied.

  14. Limitation of Liability
    The Company shall not be held liable for any damage associated through the use or operation of our services.

  15. Notice Specific to Documents Available on this Website
    The Company makes no representation about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided 'as is' without warranty of any kind.

    In no event shall The Company be held liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this server. The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements and/or changes in the document(s) and/or the program(s) described herein at any time.

  16. Account Termination
    The Company can terminate any account without reason or without refund.

These terms of services shall be governed by and construed in accordance with the laws of the state of Illinois, U.S.A., and you agree to submit to the personal jurisdiction of the courts of the state of Illinois. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the services contained on these Web sites, or the use of these Web sites, must be filed within one year after such claim or cause of action arose.