| Terms Of Service
This Services Agreement (the "Agreement") contains the complete terms
and conditions which govern your subscription of Web hosting, e-Commerce
and other Internet-related services provided by Northwest Open Source
(the "Services"). As used in this Agreement, Company means "Northwest Open Source"
and "Client", "you", or "your" means you. By purchasing any products or
services from Northwest Open Source, you acknowledge that you have read the Agreement, and
you agree to its terms and conditions and all policies posted on the
Northwest Open Source site. As referred to in this Agreement, "Site" refers
to a World Wide Web site and "Northwest Open Source Site" refers to the Site
located at the URLs http://www.nwos.com, http://www.nwopensource.com,
and any other successor Sites owned or maintained by Northwest Open Source.
1. APPROPRIATE USE OF THE SERVICES.
Northwest Open Source provides the Services exclusively and makes no effort
to edit, control, monitor or restrict the content of data other than
as necessary to provide such Services.
Client agrees that it will not distribute, electronically transmit
or display any materials supplied by Client - or through Client
by a third party - to any Northwest Open Source server in connection with
Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any
intellectual property rights (e.g., copyright, trademark,
patent or other proprietary rights) of Northwest Open Source or any
slanderous or trade libelous;
based on gender, race, age or promotes hate
violate any Northwest Open Source
policy posted on the Northwest Open Source Site.
or other computer programming defects which result in damage
to Northwest Open Source or any third
Client may occupy only the amount of disk space on the Northwest Open Source
Server allotted by the stated amount of disk space in the Client's hosting plan with
Northwest Open Source. Additional
fees, specified in the Hosting plans page, will be charged
for exceeding the disk space.
Client may utilize no more than the network bandwidth that is
allotted by Northwest Open Source. Additional
fees, specified in the Hosting plans page, will be charged
for exceeding the network bandwidth allowance
of your selected plan.
Client shall not use the Services for chain letters, junk mail,
mass emailings exceeding 25 emails, spamming, or any use of distribution lists to any person who
has not given specific permission to be included in such a process.
Client also shall not engage in any unsolicited email practices
at Northwest Open Source, or otherwise, that
mentions or reference any domain hosted on Northwest Open Source
servers or parked on Northwest Open Source
DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS,
RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS,
AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON
THE SERVER. (If Client is found guilty of spamming from any server operated by Northwest Open Source,
the client will be fined $500 per email payable to Northwest Open Source.)
Only. Client agrees to use only properly licensed third
party software in connection with Client's use of the Services.
Back-Up Files. Client
will have the ability to reinstate files which are automatically
archived by Northwest Open Source; however,
Northwest Open Source does not guarantee
the existence, accuracy, or regularity of its backup services
and, therefore, Client is responsible for making back-up files
in connection with its use of the Services.
Northwest Open Source reserves the right to refuse service to anyone.
Northwest Open Source, in its sole discretion, may immediately terminate
this Agreement if Client engages in any of the foregoing. To
report any unacceptable behavior by a third party using the
Services, please contact
2. PAYMENT OBLIGATIONS
Service Fees. By the Tenth (10th)
of each month, Northwest Open Source shall
either (i) debit Client's credit card (where such information
is provided by Client) or (ii) deliver by e-mail or regular
mail an invoice to Client in accordance with the applicable
Services fees for services rendered for the current month. Where
an invoice is delivered to Client, Client shall remit payment
to Northwest Open Source by no later than
the specified payment due date. Northwest Open Source
shall be entitled to immediately terminate this Agreement for
Client's failure to make timely payments to Northwest Open Source. A
fee of $50 will be charged for account re-instatement due to account cancellation.
Certain services carry a set-up fee charged by Northwest Open Source
to Client that must be paid by Client in order to have use of
the Services. If Client terminates this Agreement in accordance
with Section 4 hereunder, Client shall be responsible for any
outstanding fees owed to Northwest Open Source
and agrees to pay any and all fees incurred by Client. Because
the Services are provided on a monthly basis, Client will be
responsible for Service fees incurred each month regardless
of when Client provides notice of termination. Thus, for example,
if Client provides notice to terminate on the 15th of a particular
month, Client will still owe fees for the entire month and such
fees will not be pro-rated or refunded. If Client has retained
the Services for one (1) year and has pre-paid Northwest Open Source
for such Services, refunds will be issued for any unused full
month portions of the Services upon Clients request. Therefore,
if Client's account is cancelled at any point during the one
(1) year term, Client will be entitled to a refund for the months
remaining after notice given by the 25th of the preceding month.
Domain Names. If Client chooses to
register a domain name(s) through Northwest Open Source,
Client acknowledges and agrees that Client will pay a registration
fee(s) to register the domain name(s) with the applicable domain
name registrar. Northwest Open Source does
not offer refunds for domain name registrations for any reason,
including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall
Northwest Open Source be liable to any third
party for Client's breach or alleged breach of any of the terms
and conditions set forth in this Agreement. Client agrees to
defend, indemnify and hold harmless Northwest Open Source
from any and all expenses, losses, liabilities, damages or third
party claims resulting from Client's breach or alleged breach
of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof,
this Agreement shall be effective on the date you register for
the Services, and shall continue in effect on a month-to-month
basis unless otherwise specified by separate agreement (the
"Term") unless terminated earlier pursuant to the
provisions of this Section 4. Either party will have the right
to terminate this Agreement upon notice to the other party.
If Client is terminating this Agreement, Client must follow
instructions for cancellation provided on the Server Cancellation
Information page. The essence of this page states that Client
must contact the Northwest Open Source to
receive a cancellation number, which Client shall retain as
proof of termination, and all cancellation requests must be
received by the Twenty-Fifth (25th) of the respective month
of cancellation. Any other attempt by Client to cancel this
Agreement by written or e-mail notice shall be void. Sections
3 - 8 shall survive termination or expiration of this Agreement.
If Client terminates its account, Client
shall be allowed to re-instate Client's use of the Services
within Seven (7) business days of cancellation. Client shall
pay a fee of Fifty Dollars ($50) prior to any re-instatement
of Client's account. Once payment has been received, Client's
account will be activated within Forty-Eight (48) business hours.
Northwest Open Source will maintain an archival
copy of Client's Web site for Seven (7) days after Northwest Open Source
receives notice of cancellation. Thereafter, Client will need
to place a new order if it wishes to subscribe to the Services.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE Northwest Open Source
SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES
DISPLAYED OR OFFERED ON THE Northwest Open Source
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED
TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND.
Northwest Open Source DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Northwest Open Source
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED;
(3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4)
THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Northwest Open Source
BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS,
USE OF THE Northwest Open Source SITE OR
ANY Northwest Open Source PRODUCTS OR SERVICES,
OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH
ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL
Northwest Open SourceíS CUMULATIVE LIABILITY
EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).