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:

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.