 Terms of Service
Terms of Service
Click Here Designs
Web Site, SEO and Server Services Agreement
This Web Site, SEO and Server Services Agreement ("Agreement") is by and
between Click Here Designs, LLC ("Click Here Designs"), a/an Montana
company, and you, your heirs, assigns, agents and contractors ("You")
and is effective as of the date of electronic execution. This Agreement
sets forth the terms and conditions of Your use of Click Here Designs
Web Site and Server Services (collectively, the "Services") and
represents the entire agreement between You and Click Here Designs. By
using the Services, You acknowledge that You have read, understand and
agree to be bound by all the terms and conditions of this Agreement,
along with any new, different or additional terms, conditions or
policies, including the Universal Terms of Service which Click Here
Designs may establish form time to time. Such Agreements may be found on
this website.
In addition to transactions entered into by You on Your behalf, You also
agree to be bound by the terms of this Agreement for transactions
entered into on Your behalf by anyone acting as Your Agent, and
transactions entered into by anyone who uses the account You've
established with Click Here Designs, whether or not the transactions
were in Your behalf. You acknowledge that Click Here Designs acceptance
of any application made by You for services provided by Click Here
Designs will take place at our offices located in Polson, Montana, USA.
1. Description of Service
Click Here Designs currently provides the Services to its customers for
a monthly fee. Click Here Designs will provide hosting solutions for
Your web site, provided, however, You abide by the terms and conditions
set forth herein and in each of Click Here Designs policies and
procedures.
License of Your website content
Click Here Designs grants to You, and You accept form Click Here
Designs, a non-exclusive, worldwide and royalty free license to copy,
display, use and transmit on and via the Internet Your website content
in connection with Click Here Designs performance or enforcement of this
Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, Click Here
Designs shall attempt to provide the Services for twenty-four (24) hours
a day, seven (7) days a week throughout the term of this Agreement. You
agree that form time to time the Services may be inaccessible or
inoperable for any reason, including, without limitation: (i) equipment
malfunctions; (ii) periodic maintenance procedures or repairs that Click
Here Designs may undertake form time to time; or (iii) causes beyond the
control of Click Here Designs or that are not reasonably foreseeable by
Click Here Designs, including, without limitation, interruption or
failure of telecommunication or digital transmission links, hostile
network attacks network congestion or other failures. You agree that
Click Here Designs has no control of availability of the Services on a
continuous or uninterrupted basis.
Service Availability Guarantee.
Click Here Designs offers a service uptime guarantee for the Services of
99.9% ("Service Uptime") of available time. If Click Here Designs fails
to maintain this level of service availability, You may contact Click
Here Designs and request a credit of 5% of Your monthly hosting fee form
Click Here Designs for that month. The credit may be used only for the
purchase of further products and services form Click Here Designs, and
is exclusive of any applicable taxes. The credit does not apply to
service interruptions caused by (i) periodic scheduled maintenance or
repairs that Click Here Designs may undertake form time to time; (ii)
errors caused by You form custom scripting or coding; (iii) outages that
do not affect the appearance of the web site but merely affect access to
the web site such as FTP and email; (iv) causes beyond the control of
Click Here Designs or that are not reasonably foreseeable by Click Here
Designs ; and (v) outages related to the reliability of certain
programming environments. Total Service Uptime shall be solely
determined by Click Here Designs and shall be calculated on a
monthly basis.
Web Site Content
You shall be solely responsible for providing, updating, uploading and
maintaining Your website and any and all files, pages, data, works,
information and/or materials on, within, displayed, linked or
transmitted to, form or through Your web site, including, without
limitation, trade or service marks, images, photographs, illustrations,
graphics, audio clips, video clips, email or other messages, meta tags,
domain names, software and text. Your web site content shall also
include any registered domain names provided by You or registered on
behalf of You in connection with the Services. Notwithstanding anything
in this Agreement to the contrary, in the event You are using
ad-supported hosting, in no event shall Your web site consist of the
following: search results, registration, "thank you", error, email or
chat pages, pages comprised primarily of other advertising or pages that
contain any of the following types of content: pornographic, obscene or
excessively profane content or content intended to advocate or advance
computer hacking or cracking, gambling, illegal activity, drug
paraphernalia, hate, violence or racial or ethnic intolerance.
Information Shared with Partners
As a condition of purchasing and using the Services, You acknowledge and
agree that Click Here Designs may provide Your personal information to
their partners, as required to provide the plans for which You are
purchasing.
2. Your Obligations
Upon the expiration of Your initial hosting service term, Your hosting
service shall automatically renew for the same period of time and Your
payment method shall be charged for the renewal term on the renewal
date. You acknowledge and agree that in the event You do not desire to
automatically renew Your hosting services for the same period of time,
it is Your responsibility and obligation to contact Click Here Designs
and request not to renew your domain hosting . Your failure to contact
Click Here Designs shall be deemed acceptance of the renewal term.
You represent and warrant to Click Here Designs that: Your Content does
not and shall not contain any content, materials, data, work, trade or
service mark, trade name, link, advertising or services that actually or
potentially violate any applicable law or regulation or infringe or
misappropriate any proprietary, intellectual property, contract or tort
right of any person and that You own Your website content and all
proprietary or intellectual property rights therein, or have express
written authorization form the owner to copy, use and display the
content on and within Your web site. You also warrant that the web site
being hosted by Click Here Designs will not be used in connection with
any illegal activity.
You agree not to engage in unacceptable use of any Services, which
includes, without limitation, use of the Services to: (i) disseminate or
transmit unsolicited messages, chain letters, unsolicited commercial
email, or unreasonably large volumes of email on a daily basis,
provided, Click Here Designs, in its sole discretion, may permit You, if
You have a legitimate purpose and after request, to send more email than
Click Here Designs standard STMP relay limit; (ii) disseminate or
transmit any material that, to a reasonable person may be abusive,
obscene, pornographic, defamatory, harassing, grossly offensive, vulgar,
threatening or malicious; (iii) disseminate or transmit files, graphics,
software or other material, data or work that actually or potentially
infringes the copyright, trademark, patent, trade secret or other
intellectual property right of any person; (iv) create a false identity
or to otherwise attempt to mislead any person as to the identity, source
or origin of any communication; (v) export, re-export or permit
downloading of any message or content in violation of any export or
import law, regulation or restriction of the United States and its
agencies or authorities, or without all required approvals, licenses
and/or exemptions; (vi) interfere, disrupt or attempt to gain
unauthorized access to any computer system, server, network or account
for which You do not have authorization to access or at a level
exceeding Your authorization; (vii) disseminate or transmit any virus,
trojan horse or other malicious, harmful or disabling data, work, code
or program; (viii) engage in any other activity deemed by Click Here
Designs to be in conflict with the spirit or intent of this Agreement or
any Click Here Designs policy; or (ix) use Your server as an "open
relay" or similar purposes.
Storage and Security
At all times, You shall bear full risk of loss and damage to your web
site and all of Your web site content. You are entirely responsible for
maintaining the confidentiality of Your password and account
information. You agree that you are solely responsible for all acts,
omissions and use under and charges incurred with Your account or
password or in connection with the Site or any of Your web site content
displayed, linked, transmitted through or stored on the Server. You
shall be solely responsible for undertaking measures to: (i) prevent any
loss or damage to Your web site content; (ii) maintain independent
archival and backup copies of Your web site content; (iii) ensure the
security, confidentiality and integrity of all your web site content
transmitted through or stored on Click Here Designs servers; and (iv)
ensure the confidentiality of Your password. Click Here Designs servers
and virtual dedicated services are not an archive and Click Here Designs
shall have no liability to You or any other person for loss, damage or
destruction of any of Your content. The Services are not intended to
provide a PCI (Payment Card Industry) compliant environment and
therefore should not be considered as one. Click Here Designs shall have
no liability to You or any other person for Your use of the Services in
violation of these terms. You shall at all times use the Services as a
conventional and/or traditional web site. You shall not use the Service
in any way, in Click Here Designs sole discretion, that shall impair the
functioning or operation of Click Here Designs Services or equipment.
Specifically by way of example and not as a limitation, You shall not
use the Services as (i) a repository or instrument for placing or
storing archived files, and/or (ii) placing or storing material that can
be downloaded through other web sites. You acknowledge and agree that
Click Here Designs has the right to carry out a forensics examination in
the event of a compromise to your server or account.
In the event You terminate, moving your web site off of the Click Here
Designs virtual dedicated servers is Your responsibility. Click Here
Designs will not transfer or FTP Your web site to another provider. In
the event Your use of the Services is terminated, Click Here Designs
will not transfer or manage Your Services or Your website content.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services
you purchased, you agree to pay Click Here Designs the applicable
service(s) fees set forth on our Web site at the time of your selection,
or, if applicable, upon receipt of your invoice form Click Here Designs.
All fees are due immediately and are non-refundable, except as otherwise
expressly noted in one or more of the Schedules to this Agreement or as
such fees are billed by Click Here Designs under an invoice to a
Customer that expressly permits payment for Services by a Customer
within thirty (30) days after Click Here Designs has sent the Customer
such invoice ("Net-30 Customers").
Click Here Designs shall have no liability to you or any third party in
connection with the renewal as described herein, including, but not
limited to, any failure or errors in renewing the services. In order to
process a renewal under our auto-renew service, we may use third-party
vendors for the purpose of updating the expiration date and account
number of your credit card or payment method on file. Such third-party
vendors maintain relationships with various credit card issuers and may
be able to provide us with the updated expiration date and account
number for your credit card by comparing the information we have on file
with the information the third-party has on file. By selecting our
auto-renew service, you acknowledge and agree that we may share your
credit card or other payment method information with such a third-party
vendor for the purpose of obtaining any update to your credit card
expiration date, account number, or payment account. You agree to pay
all value added, sales and other taxes (other than taxes based on Click
Here Designs income) related to Click Here Designs services or payments
made by you hereunder. All payments of fees for Click Here Designs
services s hall be made in U.S. dollars. Set up fees, if any, will
become payable on the applicable effective date for the applicable Click
Here Designs services. All sums due and payable that remain unpaid after
any applicable cure period herein will accrue interest as a late charge
of 1.5% per month or the maximum amount allowed by law, whichever is
less. In the event of non-payment by a Net-30 Customer on any amount of
any invoice, Click Here Designs reserves the right to refer such invoice
and Net-30 Customer to a collection agency in order for Click Here
Designs to secure payment on the invoice. Click Here Designs may
terminate any or all of the Services of a Net-30 Customer who fails to
pay an invoice in a timely fashion. Click Here Designs may charge a late
fee(s) to Net-30 Customers for late payment of an invoice or a
reinstatement fee(s) to Net-30 Customers who wish to reinstate Service(s)
that have been terminated due to non-payment.
Revised: 9/14/2007
Copyright © 2001 - 2009 Click Here Designs, LLC All Rights Reserved.
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