Legal Notice

Main Content

Legal and Privacy Notice

Legal Notice

[ Section 1 - Viewing the Website ]
[ Section 2 - Services and Packages ]
[ Section 3 - General Notices ]

Section 1 - Viewing the Website

1. Overview and Terms of Use

Thank you for visiting the website of Fisch Solutions, INC DBA Fisch Internet Solutions, www.FischSolutions.com, (the "Website") and reviewing our Legal and Privacy Notice. This page contains proprietary rights, notices, and terms of use of this site. By using this site, you accept these terms of use. If you do not agree to these terms of use, please do not use the site.

2. Copyright

The materials found on the Website are protected by United States and other copyright laws. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Website are copyright © 2006-2010 Fisch Internet Solutions. Permission is granted to view and print materials from the website for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Fisch Internet Solutions, is strictly prohibited.

3. No Warranties

Fisch Internet Solutions, DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE, OR ANY SITES LISTED THEREIN, AND THE WEB SITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

This site may include technical inaccuracies or typographical errors. Information on this site and any products or services to which this site refers may be changed at any time without notice. Fisch Internet Solutions, makes no representations whatsoever about any other website which you may access through this one. Such linked sites are not under the control of Fisch Internet Solutions, and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes to such sites. Such links are provided only as a convenience, and the inclusion of a link does not imply a Fisch Internet Solutions, endorsement of the linked site.

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Section 2 - Services and Packages

Although we try to keep all information as accurate as possible, all information presented on this site is NEVER guaranteed to be accurate or up to date, as described above. The packages and rates are presented to give potential clients a gauge of how much our services are. Prices may vary from client to client depending on the specifics of their project. In addition the following are definitions of the details presented in each package:

1. Website Packages and Rates

Code of Ethics - Although we do all that is possible to follow our code of ethics, unfortunately we are human and sometimes make errors. We will do all that is possible to make sure our sites meet this code. However, if there is a mistake in the code that violates our Code of Ethics that we do not see, please Contact Us. In addition you must understand that their is also cases were we cannot fix the code due to various reasons such as integration of a third party software program. In this case we will do all that is possible to correct the issue to make it compliant or compatible.
A Web Page - Considered the equivalent of the size of a standard page of paper (8 1/2" x 11") or 500 typed words.
Content - All web content must be provided by the client in digital form or a paper transcription fee may apply.
Images - Images are photographs provided by the client. They can be in digital format or in print. Printed photographs may be scanned for a fee.
Professional Stock Images - Are royalty-free professional digital photographs. They are provided by istockphoto.com.
Graphics - Are considered navigational "images", company logos, ect. All must be provided by the client.
E-Mails and Site Statistics - Are provided by the hosting service.
Free Hosting - IS ONLY valid if client agrees to use our, Fisch Internet Solutions, hosting service. One year is provided for free depending on the package.
Free Domain Registration - IS ONLY valid if client agrees to use our, Fisch Internet Solutions, domain registration. One year is provided free of charge as long as it is NOT a domain name transfer. This is also only valid for the following domain extensions: .com, .org, .net, .biz, .info, and .us.
Monthly Updates - The time allotted is the total amount of time allowed each month for updates. If updates require more time, the client will be billed the hourly rate of $40/ Hour. If large amounts of updates are required for the clients site, a maintenance package is suggested.
Web Form - A standard PHP web form that will direct the data to your choice of an e-mail. Includes set-up of up to 8 fields.
Search Engine Submission / Friendly Design - All websites are designed with search engine friendliness in mind. This does not guarantee top search engine placement, however it will help. The The Business "Elite" Solution comes with (one) year of our search engine marketing starter plan. This also does not guarantee a top search engine ranking, however will greatly help your chances.
News Page with RSS Feed - Includes one news page that is set up by us and maintained by the client, unless a maintenance contract is signed. It also includes a RSS news feed to syndicate the news stories throughout the internet.
Website Maintenance Rate - The flat rate maintenance fee is billed by the hour with a one hour minimum. After updates have surpassed the one hour minimum, updates are billed by the half our.
Website Maintenance Package - Package covers 10 hours a month of updates. If the amount of updates in a month takes more than that, then the website maintenance rate applies to each hour there after.

2. Website Hosting Packages and Rates

Hosting Plan/ Domain Payments - We will not secure your domain name or start your hosting package, unless proper payment has been received and that payment has been approved by our bank that it is valid with sufficient funds.
Domain Registration - Submitting your order through the online submission form does not mean your domain name has been secured. Once proper payment has been received and approved as valid with sufficient funds, FIS will secure your intended name. ONLY WHEN FIS receives official notice that the name has been secured and registered by us, will it be considered secured.
.GOV Domain - The .GOV Domain is a highly regulated domain. It is the official domain for the United States, it's states', and it's cities' governments. For this reason there are many regulations, including a special application process. A FIS representative will work with you to secure a .GOV domain if you qualify.
Hosting Account - The free domain registration includes a year of registration for each year you purchase a hosting account. It also includes any of the Domain's we provided with the exception of .GOV and .NAME.
Service Oriented - Service oriented hosting means that unlike other hosting companies, Fisch Internet Solutions does not have hundreds of employees and treat it's clients like a number. Instead as a small business it often has a close relationship with all of it's clients and because of this relationship it is able to work closely with them. This often allows for a client to be able to call FIS and to have us perform emergency updates when the client is not near a computer or help them one on one with an issue. More so it is ideal for a client who does not want their hands on the operation at all and instead has FIS handle all operations with the hosting account.
Terms of Service - Before purchasing any hosting or domain plan, you must first agree to the Terms of Service. PLEASE first review these terms of service: Terms of Service.
99.9% Uptime Guarantee - As per the Terms of Service only the reported uptime via the server operating system will be honored. NO third party software reports will be honored due to their lack of accuracy and availability as compared to the "actual uptime" which is recorded by the server it's self. In addition, FIS will not honor the guarantee if the following circumstances apply: Circumstances that are out of FIS's control such as acts of government, war, sabotage, embargo, major virus attacks, ect; necessary network maintenance; emergency maintenance; DNS issues; customer acts such as running illegal scripts, misconduct, or negligence; access issues elsewhere in the Internet; ect. More or less we only honor claims that are within the control of Fisch Internet Solutions and if that is the case will honor you a one month credit.

3. Website Marketing

Submissions - FIS will submit your site to all the mentioned search engines in each package. However we cannot guarantee any acceptance into any of the search engines/ directories since they are either controlled by a software program or are edited by a queued list.
No Guarantees - As stated on the page itself, we cannot guarantee top placement in any search engine. We will provide the services listed in an attempt to achieve top listings. Many times we are successful, however we are not always successful due to numerous circumstances beyond our control.

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Section 3 - General Notices

1. Indemnification

You agree to indemnify, defend and hold harmless the Website and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Website and any violation of this notice by you.

2. Governing Law and Jurisdiction

This website (excluding linked sites) is controlled by Fisch Solutions, INC DBA Fisch Internet Solutions, from its offices within the state of New York, United States of America. By accessing this website, you and Fisch Internet Solutions, agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this website. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

3. Last Update

This Legal and Privacy Notice was last updated on September 6th, 2011.

4. Contact Information

Fisch Internet Solutions
1070 Route 9, Suite 208
Fishkill, New York 12524

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Privacy Policy

1. What Type of Information We Collect

The server on which the Website is located collects and saves only the default information customarily logged by web server software. Such information may include the date and time of your visit, the originating IP address, and the pages and images requested. In addition, we may use third party programs beyond the server to collect similar data in order to determine how we can better serve our customers. Once again this data typically includes date and time of your visit, pages requested, location of the originating server, and so on. FIS can not guarantee the security of data collected via a third party program, however only programs that have a strict privacy policy in place are utilized. All data collected from these programs by Fisch Internet Solutions is kept private within FIS. Once again this data only serves as statistical data for analyzing how we can expand upon our online services.

2. No Sell or Distribution Policy

FIS will not sell or trade your personal information to any third party, absent authorization by you. The Internet medium will not change this. We only collect your information in order to provide you with better services.

3. Information Submitted By You

As stated above, any information submitted by you, including personal information submitted in any web form located within this site will never be submitted or sold to any third party, absent authorization by you. The information provided by you will only be used in the communications between you and FIS.

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