Agreement
Terms of Payment
Terms of payment are C.O.D. by check unless credit approval has been granted. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Delinquent bills will be assessed a $50 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 3% penalty + $50 charge will be added for each month of delinquency. Service may be suspended to the failure to pay.
Proprietary Information
Proprietary information exchanged hereunder shall be treated as such by CLIENT. This information shall include, but not be limited to, the provisions of any Agreement, product and services information and pricing. CLIENT further agrees to not decompose, disassemble, decode or reverse engineer any provided program, code or technology delivered to CLIENT or any portion thereof.
Censorship
Hosting Services will exercise no control whatsoever over the content of the information passing through the network, email or web site, unless content violates Hosting Services policy or applicable local, state or federal laws. Hosting Services policy forbids pornography and hate speech. See Addendum A for complete list of prohibited content.
Technical Support
Web Hosting Technical Support is provided via email or contact form submission. Support requests are typically processed within 48 hours on business days. Requests received outside of business days will be processed the next business day. Only Support Requests pertaining to web server functionality are covered in the agreement. Support Requests concerning website features, website updates / changes, or questions about your website are considered On-Call Maintenance & Development Services and subsequently billed separately.
Email Service
Web Hosting is provided primarily for website traffic and is not designed for email server use. Email services must be acquired separately.
Warranties
Hosting Services makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Hosting Services also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by CLIENT, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of CLIENT. Use of any information obtained by way of Hosting Services is at CLIENT’S own risk, and Hosting Services specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Hosting Services does not represent guarantees of speed or availability of end-to-end connections. Hosting Services specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Trademarks and Copyrighted Material
CLIENT warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Transfer of Agreement
CLIENT may not assign or transfer any Agreement, in whole or in part without the prior written consent of Hosting Services. In the event that CLIENT contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, CLIENT shall notify Hosting Services by mail, facsimile or email no less than 30 days prior to the effective date of the event.
Termination
Hosting Services may terminate any Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Hosting Services of said breach, 2) appointment of Receiver or upon the filing of any application by CLIENT seeking relief from creditors, 3) upon mutual agreement in writing of Hosting Services and CLIENT.
Disputes
Dispute handling is outlined in your specific agreement. Regardless of the place of signing of any Agreement, CLIENT agrees that for purposes of venue, all contracts are entered into in Portland, Oregon, and any dispute will be litigated, arbitrated, or mediated in Portland, Oregon.
Indemnification
CLIENT shall indemnify and hold Hosting Services harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Hosting Services directly or indirectly arising from or in connection with CLIENT’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by CLIENT.
Above policies subject to change. Please Contact Bozz if you have any questions.