The benefits or rights conferred by this agreement are
nontransferable. Use of hosting is limited to the individual or
business whose name appears on the account.
Customer agrees to use all hosting services in a manner consistent
with any and all applicable laws. In the event that services are not
used in accordance with all applicable laws including but not limited
to local, state, and federal laws, Designing Out Loud reserves the
right to cooperate with any and all law enforcement agencies.
Designing Out Loud, at its sole business judgment, may terminate
this agreement immediately or suspend Customer's access to hosting
services upon any breach of this agreement by Customer, including, but
not limited to, refusal or failure to pay for services provided, or by
sole judgment Designing Out Loud that Customer may be performing
activities harmful to Designing Out Loud or its Customers, employees,
vendors, business relationships, or any other users of the Internet.
Customer agrees to pay Designing Out Loud all charges relating to
the use of Designing Out Loud services according to rates and prices
at the time service commences.
Customer will authorize any and all charges by Designing Out Loud
for services rendered. Designing Out Loud considers "services
rendered" to include all hosting services provided up to and
including one calendar month from the current date.
Failure to use Designing Out Loud hosting services does not relieve
Customer of payment obligations.
In the event the Customer defaults on this agreement, Designing Out
Loud may suspend or revoke Customer's service and the Customer may
have to resume service at the price Designing Out Loud is charging to
new Customers. Additionally, Customer will be charged a $25.00
reactivation fee. Customer agrees to pay Designing Out Loud 's
reasonable attorney's fees and court costs, where permitted, in
collecting the amount remaining in the Customer's account as stated in
the invoice provided by Designing Out Loud to Customer.
Designing Out Loud may assign this agreement, its rights here under
and its ownership of said service and commitment at any time without
notice.
In addition to any price specified herein, Customer shall pay the
gross amount of any present or future sales, use, excise, value-added
or other similar taxes applicable to the price, sales or delivery of
any products or services furnished here under or to their use by
Customer.
In the event of cancellation of service, Customer is responsible
for the full current month's charges. Cancellation of services must
occur on or before the 28th day of a given month, or Customer will be
charged for the following month's service.
Designing Out Loud services are provided on an "as is, as
available" basis. No warranties, expressed or implied, including,
but not limited to, those of merchantability or fitness for a
particular purpose, are made with respect to Designing Out Loud or any
information or software therein. This in no way includes any
reimbursement for losses of income due to disruption of service by
Designing Out Loud or its providers.
Neither Designing Out Loud nor its service or information providers
are responsible for any damages arising from Customer's use of
Designing Out Loud services or by Customer's inability to use
Designing Out Loud’s hosting services.
Customer is in default of this agreement if: 1. Customer fails to
abide by any present or Designing Out Loud term of service; 2. Designing Out Loud does not receive a monthly payment on or before its
due date; or 3. Any material statement or information given by
Customer to Designing Out Loud is false.
This agreement and the rights and duties of the parties shall be
governed by and interpreted according to the laws of the State of New
York.
Designing Out Loud may modify these terms and conditions upon
notice published online. Customer's use of Designing Out Loud services
after such notice shall constitute the Customer's acceptance of the
modifications to this agreement.
Non-enforcement of any section of this agreement does not
constitute consent and Designing Out Loud reserves the right to
enforce this agreement at its sole discretion.
This agreement is a contract between Designing Out Loud and
Customer, and grants no rights to any third parties.
Each and every provision set forth in this agreement is independent
and severable from the others, and no restriction will be rendered
unenforceable by virtue of the fact that, for any reason, any other or
others of them may be unenforceable in whole or in part.
This agreement contains the entire agreement and understanding
between the parties hereto with respect to the subject matter hereof,
and supersedes all prior and contemporaneous agreements,
understandings, inducements and conditions, express or implied, oral
or written, of any nature whatsoever with respect to the subject
matter hereof.