Online Visually's Mascot. His name is Buddy. He's a smart owl.

Terms and Conditions for Use of Any of our Web Systems (websites)

More Disclosures, Can We Go Home Mom?

Online Visually, it’s staff, nor it’s affiliates are NOT able to give legal, tax, financial, investing, or medical advice. We do not have licenses in these areas and Do Not practice in the area of law, taxes, financial, investing, or in the area of medicine. Always find and consult your own professionals in any of these areas or other areas of expertise. Do not take advise from ANYONE except the licensed professionals that you qualify and choose yourself from outside Online Visually, it’s staff, and affiliates. If you don’t agree with our terms and conditions for use then you can NOT use this website.

The following information below is our policy at the time this website was built. To see the current policy visit Online Visually Legal at https://OnlineVisually.com/legal . There may be slight differences in policy. Using this website you agree to any changes in the policy at the previous mentioned link. The lawyer made us do this… Our question is what is the difference between a female lawyer and a pitbull? Answer: The lipstick 

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Online Visually and Name Cheap’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Online Visually and/or Name Cheap may modify this AUP at any time without notice. Online Visually and Name Cheap are not affiliated. Online Visually is a customer of Name Cheap.

The Services provided by Online Visually may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Online Visually reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

Licensing, Leasing, Email, and Refunds

When Online Visually creates a website or a marketing website they do with proprietary software. This software is licensed to Online Visually which means that we can use it to create websites but may NOT resell the software. For this reason if a website is created it must remain on an Online Visually server. So our licensed software venders understand “We do NOT sell websites to avoid any licensing agreement violations“. We simply lease websites out month to month, no contract, no commitment, and cancel at any time. Any data entered into these marketing websites becomes the exclusive property of Online Visually and inappropriate content may be removed by Online Visually without notice. Website design fees are used for website design and are NOT used to purchase a website.

When using plugins that are already existing or when using other web services, the website leasee is responsible for the payment those services. Occasionally you may need to update the services or give access codes to the developer. This is your responsibility because typically the company you bought or subscribed for these services won’t communicate with a 3rd party, mostly for security reasons. This is one of the reasons we recommend going with WordPress Repository plugins that are free. It’s quicker, easier, and most of the time just as good as the costly ones. Go free when you can. Ssshhhh don’t tell this secret. There are occasions where we license the software for you in cases where we can’t get the plugins for free. There is no extra cost for you for the utilization of these plugins.

Online Visually.com keeps it’s overhead low to be able to offer services at low prices. Payments are debited the same time each month. If payments are not able to debit because of lack of funds then a $25 late fee is incurred. After 7 days of non-payment the web system and email will be temporarily suspended until the full amount due is paid in full.

Each business may receive a business email. We do not host email but we will set up an email account and forward any mail directly to your personal email address. This is to avoid spam and other illegal uses that business owners are often making and many times without knowing. Knowing or not knowing the law, it’s still the law and enforceable. So to avoid issues of violation of these federal laws we have these policies.

We offer a full 100% refund on new website design fees if we have failed to start building your website by the time of your refund request. Please make your request to us directly by emailing thomas.rendleman@OnlineVisually.com

We do not offer refunds on Business Listings, Marketing Campaigns, Maintenance Programs, Hosting, or Domain names, Lead Generation, Graphic Design, creating a branding logo, Writing/Researching, or Data Entry as the cost of these items is consumed almost immediately upon starting the project. We do however allow you to cancel anytime and you will not be billed anymore for the products/services that you cancel for.

We collect information for marketing purposes. We can use that information to help determine what we feel people might be interested in and do use that information collected for marketing purposes. If you want to be removed from our system you just ask and it will be removed.

Business Listings

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Business Listings Must:

  1. Be conducting business in the area for the local directory. You may only have one listing throughout the system of directories.
  2. Post on your website a reciprocal link (a link to the directory) on the menu bar or top fold of your website.
  3. Be registered in the city, county, or state as a legitimate business. Multi-level marketing isn’t allowed.

Businesses with the above prerequisites and staff approval are allowed to list their businesses exclusively in a category, in their local directory. We use this same local business directory in marketing our paying website clients and marketing clients. We also want our local business listers to have many of our tools for free or a very low fee just to cover the costs.

Business listings are month to month and may be cancelled by either the business owner or Online Visually with a 72 hour notice. Simply send an email to Thomas.Rendleman@OnlineVisually.com and make your request. 

 

Prohibited Uses

Prohibited Uses

Infringement of Intellectual Property Rights.

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon, please email thomas.rendleman@OnlineVisually.com. For copyright infringement claims, Online Visually follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.

Using a shared account as a backup/storage device.

You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups as this will bog down the server and will cause hardware to degrade because of extreme unnecessary use.

Unacceptable material on our servers include without limitation:

  • Topsites
  • IRC Scripts/Bots
  • IRCD (irc servers)
  • Proxy Scripts/Anonymizers
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Miners
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
  • Any pornographic or material that Online Visually would find unacceptable.

Child Pornography Prohibited.

Content that is potentially harmful to minors, as determined in Online Visually’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
Other Prohibited Content. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Unacceptable Resource Usage

You may not:
Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

Run cron entries with intervals of less than fifteen (15) minutes.

Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.

Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.

Force html to handle server-side code (like php and shtml) to help reduce usage.

Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
INODES.The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

Zero Tolerance Spam Policy

We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Online Visually reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
Online Visually reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

Defamation PolicyWebsites hosted on Online Visually’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Online Visually’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Online Visually is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
AUP Violations

Direct customers

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
If you feel you have discovered a violation of our AUP please report it to: thomas.rendleman@OnlineVisually.com.

 
Online Visually's Mascot. His name is Buddy. He's a smart owl.

Disclosure about services

We want everyone to have a great experience including us so we disclose a few things up front. Our goal is to stay ahead of others in the industry as well as to beyond compliant with Federal and State Laws. 🙂

  1. We create incredible websites by use of proprietary software. This software gives us the rights to create but not sell the software. All websites that we create are leased month to month in order to stay compliant with our software licenses.
  2. The websites created are on a special server and because of the licensing must remain on an Online Visually server in order for us to remain compliant to our license agreements.
  3. Each business may receive a business email. We do not host email but we will set up an email account and forward any mail directly to your personal email address.

We take much more time to set up your website, account, and ways to interact with your client than most other marketing companies. We are a marketing company who creates marketing websites. Not just a website design company. There is a significant difference in the way marketing companies and website design companies operate.

As a client you should expect:

  1. No contracts ever
  2. Month to month services
  3. Cancel at anytime
  4. Great client service
  5. Direct access to your IT Tech

Keeping you satisfied, our expectation is we’ll have you as a lifetime client. 🙂

Online Visually's Mascot. His name is Buddy. He's a smart owl.

Personal Data

Who are we?

We are a marketing company who above all else expects to benefit local businesses. We do this in a variety of different ways. If you have questions it is best to visit our website at https://OnlineVisually.com

What kind of personal data do we collect it and why?

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Most of the data collected is for the business listing or marketing of your business.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact Forms

If you fill in contact forms then you will be contacted. Your information will be used to contact you. You may be contacted by our staff or our sponsors. If you no longer want us to contact you simply send an email to us directly at Thomas.Rendleman@OnlineVisually.com and ask us to stop sending you information.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies can last for a year or more.

Analytics

We use analytics for marketing purposes.

Who we share your data with

  1. Sponsors of the directory or website that you provided information.
  2. Mailing service so you can receive the digital catalog.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Your rights over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data?

Visitor comments may be checked through an automated spam detection service to help minimize spam.

Your contact information

This is used to contact you in case our sponsors or our staff need to contact you. If you do not want contact simply send us an email requesting no further contact and deletion of your account. Anytime we should contact you it’s for your benefit.

How we protect your data?

We encrypt it with a secure socket layer. See https://www.websecurity.symantec.com/security-topics/what-is-ssl-tls-https

What data breach procedures do we have in place currently?

No data breach procedures are necessary as the information we keep is NOT financial. The data we have is for marketing only.

Industrial, Regulatory, and Disclosure Requirements

We disclose as much as possible, up front. We can use any information for marketing purposes and if you don’t want to be marketed to then simply provide us your email so we can remove you from any future contact.

Online Visually's Mascot. His name is Buddy. He's a smart owl.

As a client you should expect:

  1. No contracts ever
  2. Month to month services
  3. Cancel at anytime
  4. Great client service
  5. Direct access to your IT Tech

Keeping you satisfied, our expectation is we’ll have you as a lifetime client. 🙂