THIS AGREEMENT
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN BELOW SIGNED ("CLIENT") AND
ANDREW RICHARDSON (“COMPANY”). CLIENT AGREES TO BE BOUND BY THE
TERMS OF THIS AGREEMENT AND ANY SUBSEQUENT MODIFICATIONS POSTED
ON THIS INTERNET WEBSITE OF THIS AGREEMENT OR TO CANCEL
SERVICES: Company
will provide Client services described in Company’s most recent online
agreement, price lists and web pages. Client changes to system software or
hardware without company consent, shall void all warranties and company
liabilities. CLIENT
RESPONSIBILITIES: Client is responsible for paying all hourly consulting
charges and expenses company provides for client at current rates. Client is solely responsible for Client’s personal use of
the resources made available through Company. Client shall provide all
equipment required to use Company. Client is responsible for maintaining
backups of all information, including website, email passwords and security. Company
is not liable if information is lost or unable to be
restored. Client shall not use Company or Company resources in a manner that is libelous,
defamatory, obscene, infringing, illegal or in violation of Company's
use policy. Client may not use the e-mail system to send unsolicited mail
or Usenet postings. Client shall not abuse the system, the Internet or its
resources as per current Federal and locally applicable laws. PAYMENT TERMS:
PayPal preferred and Visa, MasterCard, Discover or American Express may be used
through the PayPal site. Company may require prepayments for
hardware or other requests. Client shall promptly notify Company of any changes to the
billing account, including, change of contact information or cancellation of
credit card or subscriptions. Failure by Client to pay amounts on due date
or rejection of any credit card charges may result in interruption or
termination of Company’s services. Service fees of $45 per missed payment and
interest accruing at the rate of 25% per month on the outstanding balance until
such amount is paid in full. Client agrees to pay all expenses incurred by
Company in the collection of any past due amounts.
Payment is due upon delivery, sending of email bill, as needed or requested
by company. Client grants company the right to accept terms and/or
conditions from third parties on behalf of Client and understands that charges for services and all additional items
will be billable to Client. Client agrees to communicate with Company prior to disputing any charges with
Client's credit card. All manufactures warranties apply, all sales
are final and no returns or refunds unless otherwise noted in writing.
Client shall indemnify and
hold harmless Company from and against any liabilities, expenses (including
attorneys’ fees) and damages arising out of any claims based on Client’s use of
Company’s services, including any claim of libel, defamation, unfair
competition, violation of rights of privacy or publicity, infringement of any
intellectual property rights or any other claims. Hosting services:
Client’s billing cycle will commence on the activation date set by company and
Client will be billed monthly or upon delivery thereafter at the prevailing
rates. Client website hosting fee shall be billed prior to the beginning
of
each month and may include additional usage fees from prior months if usage exceeds the services provided in
the applicable usage plan described in Company’s online website hosting price
list. Hosting client’s initial billing will consist of the set up fees plus first
month’s usage fees. Prepayments plans are due on an annual basis 30 days prior to due date.
Client allows domain name management and ownership rights to Company to
register renew and manage as deemed necessary by Company. TERMINATION: Client’s account may be terminated by (1) Client giving 30 days written notice
(2) By Company if Client fails to abide by the terms of this Agreement, including
failure to pay amounts when due (3) by Company at the
discretion of Company. Client requested termination will be effective at the end of the
next billing cycle, charges and fees may apply. Company may withhold
services and Client information until final payments are received.
NO WARRANTIES AND LIMITATION OF LIABILITY. COMPANY’S SERVICES ARE “AS IS”.
COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING CONTENT, GOODS OR SERVICES
PROVIDED AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND
CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT
WARRANT THAT COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY
SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF CLIENT'S USE OF OR INABILITY TO USE COMPANY SERVICES, WHETHER BASED
IN CONTRACT, TORT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER
REMEDIES. This Agreement shall be governed by
and interpreted in accordance with the laws of the County of Multnomah, State of
Oregon, USA.