Terms
& Conditions of Service
AGREEMENT
This service agreement ("Agreement") is composed of
this Terms of Service (TOS) page and the Acceptable Use Policy (AUP) page. The Agreement is between DezignGuy Internet Services
and Courtney Creighton ("DezignGuy", "us",
or "our") and the Client ("you" or "your").
This Agreement sets forth the terms and conditions under which
DezignGuy agrees to provide, and you agree to use, Dezignguy.com's
Internet Services ("service" or "services").
FORMATION
You agree that by clicking "I agree" during DezignGuy's
on-line registration process, or by providing verbal assent to
an agent or employee of DezignGuy, or by signing a written agreement
form, and subsequently beginning or continuing to use DezignGuy's
services, you consent to be bound by and do become a party to
this Agreement. The current and binding terms of this Agreement
are set forth on DezignGuy's web hosting home page at http//:www.dezignguy.com.
CONTACT
INFORMATION
You agree to provide DezignGuy with accurate and complete contact
information. Contact information means any data relating to your
identity, electronic mail, and street address, or telephone and
fax number, or any other information that you provide to DezignGuy
in order to receive or to continue receiving services. Further,
you agree to provide DezignGuy with updated contact information
within a reasonable period of time following the change in circumstance
that creates the need for updated information.
TERM
The term of this Agreement will continue until a notice of cancellation
by DezignGuy or the Client is given, or until terminated under
other provisions of this Agreement. DezignGuy reserves the right
to terminate this Agreement without cause upon notification to
the Client. DezignGuy may further terminate this Agreement immediately
without notice at any time the Client breaches any part of this
Agreement, or if any program or facility used by DezignGuy to
implement this Agreement is disrupted or terminated for any reason.
RENEWAL OF SERVICE
Unless specified otherwise, all accounts will renew automatically
at the end of the period corresponding to the plan that you select
when you purchase services. If you do not wish to renew your account,
you must follow the steps outlined in the "Termination by
Client" section of this agreement.
TERMINATION BY DEZIGNGUY
DezignGuy reserves the right to terminate your services at any
time without notice, refund, or compensation to you, in the event
your services are used in a manner that in DezignGuy's sole discretion:
- Violates
any of the terms or conditions of this Agreement.
- Tends
to damage the good name, or standing in the community, of
DezignGuy or its affiliates or subsidiaries.
- Interferes
unreasonably with other Client's use and enjoyment of services
provided by DezignGuy.
TERMINATION BY CLIENT
To terminate your services, please submit via postal mail or via
fax a letter in which you set forth your username, real name,
contact information, signature, and reason for termination. All
cancellation requests must be received by DezignGuy at least 7
days prior to your account renewal. You must have all account
information to cancel. Upon receipt of your notice of termination,
your account will be terminated and you will not be liable for
any future service fees. By terminating your service, you agree
that you have received all services, rights, and other obligations
owed to you by DezignGuy under this Agreement.
SERVICE
RATES
Client
acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to the Client.
Client is aware that DezignGuy may prospectively change the specified
rates and charges from time to time. The promotional offer is
contingent upon DezignGuy achieving and maintaining its cost of
service goals including but not limited to rates charged to DezignGuy
by its suppliers.
PAYMENT
Establishment
of this service is dependent upon receipt by DezignGuy of payment
of stated charges. Subsequent payments are due on the anniversary
date of the month for that month’s service. Service may be interrupted
on accounts that reach 25 days past due. Service interrupted for
non-payment is subject to a $15 reconnect charge. Accounts not
paid by due date are subject to a $7.95 late fee. Accounts that
are not collectable by DezignGuy may be turned over to an outside
collection agency for collection. If your account is turned over
for collection, you agree to pay DezignGuy a “Processing and Collection”
fee of not less than $50 or more than $150. If you desire to cancel
your account, please follow the proper procedure to do this as
outlined in the TOS.
FAILURE TO PAY
DezignGuy may temporarily deny service or terminate this Agreement
upon failure of Client to pay charges when due. Such termination
or denial will not relieve Client of responsibility for the payment
of all accrued charges, plus reasonable interest and any collection
fees.
REFUND
DezignGuy offers a 15-day money back guarantee. After the first
15 days, all payments are non-refundable. Violations of this Agreement
automatically void the 15-day money back guarantee.
DEFAULT
In the event that you default in any provision or fail to perform
pursuant to this Agreement, DezignGuy will be entitled to damages,
costs, and attorney's fees from you.
NO WARRANTIES
DezignGuy disclaims any and all warranties, whether express or
implied, including but not limited to implied warranties of merchantability
and fitness for a particular purpose. In no event shall DezignGuy
be liable for any indirect, special, consequential or incidental
damages, including without limitation, lost profits or loss or
damage to data arising out of the use, partial use or inability
to use the service, even if DezignGuy has been advised of the
possibility of such damages.
SUPPORT
BOUNDARIES
The following is our general guidelines when providing support:
DezignGuy provides support related to the proper functioning of
the server that your site is hosted on. We are not required to
provide tech support for third party application specific issues
such as CGI programming, HTML, or any other such issue, except
that it relates to a fault in the proper functioning of our service.
NO
LIABILITY FOR
CLIENT ACTIONS
You agree that DezignGuy is not responsible for any action taken
by you while using your services. You agree to take full responsibility
for any action performed using your services (whether the action
is performed by you or by any authorized or unauthorized third-party
user of your services). You agree to defend, release, indemnify,
and hold harmless DezignGuy, its affiliated companies, service
providers, and licensors from all liabilities, claims, and expenses,
including attorney's fees, arising from any use, authorized or
unauthorized, of services provided to you.
SERVICE
INTERRUPTIONS
You agree and understand that temporary interruptions may occur
as normal events in the provision of service. Under no circumstances
shall DezignGuy be held liable for any financial or other damages
due to such service interruptions.
CONTENT
You agree that you are solely responsible for any and all content
stored on and served by your site, whether the content is transferred
to DezignGuy's server by you or by any authorized or unauthorized
third-party user of your account. You
agree that all information provided through your use of services
is provided "AS IS"; that DezignGuy's link to a web
site does not, in any way, represent or imply an approval of,
or a determination of the quality of that product or service;
that any links provided by DezignGuy are maintained by their respective
organizations, which are solely responsible for their content.
You agree to hold DezignGuy harmless for any and all damages arising
out of use of such products, services, or links.
FORCE
MAJEURE
You agree that DezignGuy is not responsible for delays, damages
or failures in performance due to causes beyond DezignGuy's reasonable
control, including but not limited to acts of a governmental body;
acts of God; acts of third parties; fires; floods; strikes or
other labor-related disputes; or an inability to obtain necessary
equipment or services.
NON-WAIVER
You agree that DezignGuy's failure at any time to enforce any
of the provisions of this Agreement or any right or remedy available
hereunder, or at law or equity, or to exercise any option herein
provided, shall in no way be construed to be a waiver of such
provisions, rights, remedies, or options or in any way to affect
the validity of this Agreement. The exercise by DezignGuy of any
rights, remedies, or options provided hereunder, or at law or
equity, shall not preclude or prejudice DezignGuy from exercising
thereafter the same or other rights, remedies, or options.
INTEGRATED
AGREEMENT
You agree that this Agreement is the entire agreement between
you and DezignGuy regarding the subject matter of this Agreement;
and supersedes all prior representations, understandings, or agreements
regarding the subject matter of this Agreement.
SEVERABILITY
You agree that if any of the terms or conditions in this Agreement
are properly found to be invalid or unenforceable by a government
body, the remaining terms or conditions of this Agreement shall
not be affected by the finding and shall continue to apply.
AMENDMENTS
TO AGREEMENT
DezignGuy reserves the right to amend this Agreement at any time.
You agree to comply with any amendments to this Agreement for
which you receive notification by continuing to use the services
after receiving such notification. Notification means that the
amendment is made accessible to you by its incorporation into
DezignGuy's web hosting home page at http://www.dezignguy.com.
You agree that it is your responsibility to periodically review
the DezignGuy home page to ensure that your use of the services
complies with any amendments.
CHOICE
OF LAW
This Agreement shall be treated as though it were executed and
performed in Mazama, in Okanogan County, Washington, and shall
be governed by and construed in accordance with the laws of the
United States of America and of the State of Washington, without
regard to conflict of law principles. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for
or against any party. All legal proceedings arising out of or
in connection with this Agreement shall be brought solely in a
court of competent jurisdiction in Okanogan County, Washington.
The Client expressly submits to the jurisdiction of said courts;
and the Client consents to extra-territorial service of process.
CONFIDENTIALITY
STATEMENT
DezignGuy attempts to ensure that all personal information submitted
to us in processing your order and for billing purposes, etc.,
will be kept strictly confidential and used solely by DezignGuy,
its representatives and employees, for the purposes for which
it was intended. DezignGuy agrees not to intentionally share or
release such information to any individual, entity, or third party,
without the consent of the Client, except as required by law,
regulation, or governmental authority.
