PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

Welcome to this website (this “Site”), which is owned and operated by Miami RA, Inc., a/an individual (“Miami RA, Inc.”).  These Terms of Use (these “Terms of Use”) set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.

Whether you are simply browsing this Site or are a Miami RA, Inc. customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, along with the following policies and agreements, which are incorporated herein by reference:

The terms “we”, “us” or “our” shall refer to Miami RA, Inc. and managed web sites rafaelanazco.com & webdesignmiamira.com.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Miami RA, Inc., in its sole and absolute discretion, may change or modify these Terms of Use, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  You acknowledge and agree that (i) Miami RA, Inc. may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised.  If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site.  

2. ELIGIBILITY; AUTHORITY

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity.  If, after your agreement to these Terms of Use, Miami RA, Inc. finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. Miami RA, Inc. shall not be liable for any loss or damage resulting from Miami RA, Inc.’s reliance on any instruction, notice, document or communication reasonably believed by Miami RA, Inc. to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Miami RA, Inc. reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts.  In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to Miami RA, Inc. that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If Miami RA, Inc. has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Miami RA, Inc. reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN.  For security purposes, Miami RA, Inc. recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with Miami RA, Inc..  You must notify Miami RA, Inc. immediately of any breach of security or unauthorized use of your Account. Miami RA, Inc. will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Miami RA, Inc. or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

Miami RA, Inc. reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

5. YOUR USE OF Miami RA, Inc. CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Miami RA, Inc. Content and User Content posted to Miami RA, Inc.’s corporate websites (i.e., those sites which Miami RA, Inc. directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Miami RA, Inc. Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Miami RA, Inc. Content”), are owned by or licensed to Miami RA, Inc. in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Miami RA, Inc. Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Miami RA, Inc.. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. Miami RA, Inc. reserves all rights not expressly granted in and to the Miami RA, Inc. Content, this Site and the Services found at this Site, and these Terms of Use do not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Miami RA, Inc. that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Miami RA, Inc. Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Miami RA, Inc. Content or the User Content therein.

6. Miami RA, Inc.'S USE OF USER CONTENT

The provisions in this Section 6 apply specifically to Miami RA, Inc.’s use of User Content posted to Miami RA, Inc.’s corporate websites (i.e., those sites which Miami RA, Inc. directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally.  You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions.  You acknowledge and agree that:

Miami RA, Inc. shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions). 

If you have a website hosted by Miami RA, Inc. or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.

However, if you post or publish your User Content to this Site, you authorize Miami RA, Inc. to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms of Use.  Accordingly, you hereby grant Miami RA, Inc. a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Miami RA, Inc.’s (and Miami RA, Inc.’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms of Use. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Miami RA, Inc. may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.  Notwithstanding anything to the contrary contained herein, Miami RA, Inc. shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Miami RA, Inc.’s (or Miami RA, Inc.’s affiliates’) business(es). 

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Miami RA, Inc. generally does not pre-screen User Content (whether posted to a website hosted by Miami RA, Inc. or posted to this Site).  However, Miami RA, Inc. reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use. Miami RA, Inc. may remove any item of User Content (whether posted to a website hosted by Miami RA, Inc. or posted to this Site) 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 these Terms of Use, or for otherwise violating these Terms of Use (as determined by Miami RA, Inc. in its sole and absolute discretion), at any time and without prior notice. Miami RA, Inc. may also terminate a User’s access to this Site or the Services found at this Site if Miami RA, Inc. has reason to believe the User is a repeat offender.  If Miami RA, Inc. terminates your access to this Site or the Services found at this Site, Miami RA, Inc. may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. ADDITIONAL RESERVATION OF RIGHTS

Miami RA, Inc. expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Miami RA, Inc. in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Miami RA, Inc. in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Miami RA, Inc., its officers, directors, employees and agents, as well as Miami RA, Inc.’s affiliates.

Miami RA, Inc. expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

9. NO SPAM; LIQUIDATED DAMAGES

You acknowledge you have read, understand and agree to be bound by Miami RA, Inc.’s Anti-Spam Policy referenced above and available here.  You agree Miami RA, Inc. may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Miami RA, Inc. liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

10. TRADEMARK AND/OR COPYRIGHT CLAIMS

Miami RA, Inc. supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Miami RA, Inc.’s Trademark and/or Copyright Infringement Policy referenced above and available here.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Miami RA, Inc.. Miami RA, Inc. assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Miami RA, Inc. does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Miami RA, Inc. from any and all liability arising from your use of any third-party website. Accordingly, Miami RA, Inc. encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Miami RA, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Miami RA, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Miami RA, Inc. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Miami RA, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL Miami RA, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Miami RA, Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Miami RA, Inc.’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Miami RA, Inc. and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Miami RA, Inc. directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

15. SUCCESSORS AND ASSIGNS

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

16. NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

17. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

18. COMPLIANCE WITH LOCAL LAWS

Miami RA, Inc. makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 

19. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, these Terms of Use shall be governed by and construed in accordance with the federal law of the United States and the state law of Florida, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of these Terms of Use shall be brought in the state or federal courts of Dade County, Florida, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Dade County, Florida.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.

20. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of these Terms of Use are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in these Terms of Use shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

21. WEB HOSTING SUBSCRIPTION BY rafaelanazco.com

To order a hosting package from Miami RA, Inc. / rafaelanazco.com the following Terms of Service must be agreed by the Customer. The Customer has agreed to these Terms and Conditions of Service if the package has been paid in full or if subscribed to any montly service from Miami RA, Inc. / rafaelanazco.com. By agreeing to our Terms of Service, you are also agreeing our Acceptable Use Policy and our Privacy Policy.

Customer is entitled to a 30 day money back guarantee on hosting fees charged by Miami RA, Inc. / rafaelanazco.com. Account setup fees are non-refundable and any domain names registered on your behalf are subject to a $20 registration fee. Cancellations MAY ONLY be submitted via written notification signed by the account owner via fax to 1 (866) 434-7956. WE WILL NOT accept cancellations via email or phone call, no exceptions. Annual hosting fees including renewals after 30 days are non-refundable. All monthly service accounts require a 30 day notice, no exceptions.

Customer acknowledges and specifically agrees that chargebacks are unlawful if Miami RA, Inc. / rafaelanazco.com's service has been rendered. If customer has a billing dispute with Miami RA, Inc. / rafaelanazco.com, the Customer must settle such dispute with Miami RA, Inc. / rafaelanazco.com directly without initiating any chargeback proceedures. Any chargeback will evoke an automatic US$150 (one-hundred-fifty dollars) service fee, without exception, for which customer will be held responsible in via a collection agency.

Returned checks will be assessed a $25.00 charge.

Customer is not permitted to store, resell or give away their website to any other person whilst under a contract with Miami RA, Inc. / rafaelanazco.com.

Miami RA, Inc. / rafaelanazco.com reserve the right to cancel your account and/or promotionals or free services at any point in time, for whatever reason without prior notice.

You are not permitted to store any more data than your given package amount agreed on the server. Should you exceed this limit Miami RA, Inc. / rafaelanazco.com may suspend your account until further notice. You will be advised of what measures to take to ensure your stay within your limit.

Should the Customer wish to terminate their account, they must fax your cancellation letter signed. Miami RA, Inc. / rafaelanazco.com requires 30 day notice on all cancellations.

On closing a Miami RA, Inc. / rafaelanazco.com account all data on the server will be deleted. Please ensure you have a full backup of everything stored before canceling as we will not be able to reclaim this data.

Customer is recommended to backup all data stored on our servers, as it is not guaranteed to be backed up by Miami RA, Inc. / rafaelanazco.com.

Miami RA, Inc. / rafaelanazco.com are not liable for any loss, damage or change to customer's data on the server caused by misuse, unavailability or removal of service.

Miami RA, Inc. / rafaelanazco.com reserves the right to solicit reseller hosting account customers directly in the case of a reseller becoming inactive or unresponsive to customer requests.

Miami RA, Inc. / rafaelanazco.com is not responsible for reseller domain names that are not renewed by the reseller. Resellers are responsible for keeping their information up to date in accordance to the Internet Corporation for Assigned Names and Numbers (ICANN) rules.

Customer is solely responsible for the entire content of their website. Please ensure you agree with the Acceptable Use Policy and that your website reflects the instructions set out by Miami RA, Inc. / rafaelanazco.com . The Customer may not run any server processes, for example talkers and IRC from Miami RA, Inc. / rafaelanazco.com servers.

Should the customer wish to take advantage of the 30 day money back guarantee, please refer to our guidelines.

Should the customer exceed their bandwidth limit shown on chosen package, which then reaches the point where it has an adverse effect on our other Miami RA, Inc. / rafaelanazco.com Customer we reserve the right to disable the website until you can reduce the usage. Any bandwidth overage charges will be billed at the end of the month for accounts that exceed their bandwidth allocation, at a rate of $10 per gigabyte (GB), rounded up, per month. We will email you around the time you reach your limit, although we are not responsible for email messages you do not receive.

As the customer, you are responsible for all the data contained within your website. You must ensure you have obtained any permission needed for any of the data, Miami RA, Inc. / rafaelanazco.com are not liable for any consequence should it arise.

22. SUBSCRIPTION OR RECURRING SERVICE FEE (S.E.O. and WEB HOSTING)

[Recurring Subcriptions]

Service Fees and payments are non-refundable.
Accounts electing a "Recurring Billing" (Hosting Service) are due via credit card only. (Visa-Master Card-American Express & Discover processed via authorize.net)
Accounts electing a "One-Time Payment" (when offered): All payments are due and payable via credit card only.
All subscriptions or recurring payment agreements for S.E.O. and/or web hosting are to remain in full force and effect unless a written notification is provided to rafaelanazco.com within an appropriate timeframe via Fax 1 (866) 434-7956 as to allow rafaelanazco.com to act on it, the customer remaining account's recurring fees are due and account will be close upon receipt of payment.
If your payment is returned unpaid, additional attempts may be made to process the payment, and you will be charged a returned item fee ($35.00) for each attempt, up to the maximum allowed by law.
Cancellation of your web hosting account, unpaid renewals or modication of your web hosting account(s) or login(s) shall not interrupt your web hosting service.
If Client is subcribed to our Social Media Creation & S.E.O. services in addition to our hosting services, cancellation of your web hosting account, unpaid renewals or any modication of your web hosting account(s) or login(s) with out written notification to webmaster, will disable us to provide any services to the Client and will discontinue all and any agreements and products provided by us and we will have no further "webmaster-client relationship". Any open balance or active recurring subscription to our services is due and the account balance is due and required to be paid in full.
Early cancellation fee apply: $150.00.
Re-activation fee apply: $35.00.
Late fee may apply: $1,00 per day.

23. WEB SERVICES AND DEVELOPMENT

Termination of our Web Services

Miami RA, Inc. a/k/a rafaelanazco.com a/k/a Rafael F. Anazco will no longer have a "webmaster-client relationship" with company or customer, and will not render further services including but not limited to web hosting, web site development, digital editing, customized social media creation, monthly maintenance agreement(s), search engine optimization or customer support as result of a violation of one of these terms and conditions of services or any future version of these terms of services and will terminate any active engagement or subscriptioin. Early cancellation fee may apply.

Terms & conditions:

[T1: Inactivity / Access denied]

If become apparent that we have performed minimal or no services for the project contracted due to limitation or the access as webmaster is denied by client's web site, social media sites, blogs, etc. due to any changes on login information or no access to configurations required to execute our services witout a written notification to rafaelanazco.com is provided within an appropriate timeframe of at least fifteen days. Any active recurring subscription shall be suspended and any open account balance for our services provided and/or recurring subscriptions is due and shall be satisfy and paid accordingly.

[T2: Nonpayment of fees]

If any payment or any previously discussed services fee become seriously past due. Any active recurring subscription to any of our services is over due and the balance due is required to be paid in full.

[T3: Clients election to terminate]

If in accordance with client's intructions, the engagement is terminated and we will not render further web services to the client. We will have no further "webmaster-client relationship". Any active recurring subscription to any of our services is due and the account balance due is required to be paid in full as approved by Client as initial proposal.

[T4: Difficulty in working with client]

We reserve our rights to terminate our services or agreement if we have difficulty with client agreeing upon an appropiate curse of action, if client neither take use nor respect our standard rules and procedures for customer support and billing. (refer to "Customer Support Specifications"). Accordingly, we will no longer be rendering web services to client and will have no further webmaster-client relationship.

[T5: Web Hosting]

The client is engaging rafaelanazco.com as an independent contractor for the project of developing and/or redesign of a World Wide website to be installed on the client's web space on a web hosting service computer. The client hereby authorizes rafaelanazco.com to access this account, and authorizes the web hosting service to provide rafaelanazco.com with "written permission" for the client's webpage directory, cgi-bin directory, and any other directories, web pages or programs which need to be accessed for the project or search engine optimization. The client also authorizes rafaelanazco.com to publicize their completed website to Web search engines, to rafaelanazco.com, webhostingzero.com, webdesignmiamira.com, rafaelanazco.blogspot.com, twitter.com/rafaelanazco, facebook.com/rafaelanazco, as well as other Web directories and indexes.

[T6: Third Parties or Client page modification]

Some Clients will desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. Please note if anyone other than the rafaelanazco.com (webmaster) attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate and will terminate our service agrement, and will not render further web services unless we enter a subsequent engagement. Accordingly, any open balance or active recurring subscriptions to our services is due and required to be paid in full.

[T7: Copyrights and Trademarks]

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the webmaster and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client*.

* The Client owns and holds the copyright to the web site's files at the completion of the project, which will be designated at the bottom of each page.

* The Webmaster reserves the right to close any account, profile or networking site's account involved on the porcess of search engine optimization if the service agreement is terminated or suspended prior to the expiration of initial agreement of our terms of services between both parties: Client and Webmaster.

[T8: Design Credit]

Client agrees that rafaelanazco.com may put a byline on the bottom of their web site, below the Copyright and Trademark designation, establishing design and development credit with an active html hyperlink to the webmaser’s website. Client also agrees that the web site created for the Client may be included in the Developer's portfolio and web sites.

[T9: Maintenance and Hourly Rate]

Changes requested by the client beyond those limits will be billed at the hourly rate of $75.00 per hour. This rate shall also govern additional work authorized beyond the maximums specified for such services as consulting and assisting to make sure products, services and subscriptions to service provided by third party companies is effectuated to the Client satisfaction, maintenance, web page modification, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn** how to use their own web page editor***. CGI programming charges (if any).

[T10: Social Media]

Webmaster will match the strengths and resources of the organization with proven link acquisition techniques such as subject matter expertise, social media optimization, blog and articules, widget development, and link baiting to design a strategy that produces natural, high quality links that will provide value long after the next algorithm shift.

Customized social media creation and optimization, which include the monthly use and update of the social media sites, the access and login information is shared and used simultaneously by the Client and webmaster. Webmaster will conduct keyword research to determine the top keywords to target for the Client’s social media channels and will assist/post articles per month, the content will be provided by the Client or can be produced by the webmaster as part of the optimization process.

[T11: Non-Compete and Nondisclosure]

For good consideration and as an inducement for the Client to employ rafaelanazco.com, we agree not to provide the service of search engine optimization for companies that would compete with the business of the Client and its successors and assigns in the Dade County, State of Florida during the period of this agreement and for a period of six months following termination of services and notwithstanding the cause or reason for termination.

The term "not compete" as used herein shall mean that the Webmaster shall not own, manage, operate, or to be employee for the customized social media creation and search engine optimization in a business substantially similar to or competitive with the present business of the Client in the same county or such other business activity in which the Client may substantially engage during the term of agreement, unless termination of the active service agreement and after a period of six months following termination of services.

This term "not compete" shall NOT include the development and/or redesign of a World Wide website or limit the webmaster to start any new project for a web site development, the Webmaster is not exclusive designer or employee of the client neither during nor after the term of agreement, the webmaster shall design, create, operate or to be employe ot any other or same business world wide, unless a intian written agreement and for a period of not more of six months and for an additional monthly fee.

[T12: Confidential Data Access]

The Webmaster acknowledges that the Client shall or may in reliance of this agreement provide webmaster access to trade secrets, customers and other confidential data and good will. The webmaster, its employees, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of the Agreement, disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Webmaster to another party.

* The violation of term T10 will terminate any active service agreement and immediately we will no longer be rendering web services to client and will have no further webmaster-client relationship. The period of six month after termination of agreement as on the "Non-Compete and Nondisclosure" will no be considered and will not be required.

[T13: Acceptance]

Use of this Site and our services are subject to express Terms of Use. By using this Site, an active account or active subscription service you agrees to be bound by these Terms of Use and Acceptable Use Policy.

Miami RA, Inc. / rafaelanazco.com reserve the right to modify/update or revise this agreement without prior notice, at any point in time. If you have any queries regarding this agreement please contact Miami RA, Inc. / rafaelanazco.com.

[T14: Trademarks]

cPanel, WebHost Manager, WHM, and the cPanel logo are trademarks of cPanel Inc.

Apple, Mac, and Mac OS are trademarks of Apple, Inc.

FrontPage, Microsoft, Windows, and Windows Vista are trademarks of Microsoft Corporation

The camel image is a registered trademark of O'Reilly Media, Inc. Used with permission.

ClamAV is a trademark of Sourcefire, Inc.

Linux is a trademark of Linus Torvalds

MySQL and the MySQL Logo are registered trademarks of MySQL AB in the United States, the European Union and other countries.

SpamAssassin is a trademark of the Apache Software Foundation.

All rights reserved

24. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us by email or regular mail at the following address:

Miami RA, Inc. Legal Department
2170 Bay Drive
Unit 17
Miami Beach, FL 33141