User Agreement

When you sign up for hosting services or website design with us, you are agreeing to our user agreement which is a legally binding contract. Please print a copy of the agreement for your records.

This User Agreement is an agreement between Gone Country Graphics, Inc and you, and applies to the purchase of all services ordered. Please note any reference to "WE" OR "US" below refers to www.countrycraftsites.com and www.gonecountrygraphics.com and Gone Country Graphics, Inc. as it applies. Any reference to customer, you, or purchaser refers to the client entering into this agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING ANY SERVICES FROM US YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS IN THIS AGREEMENT, YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. We reserve the right to reject this Agreement for any reason. Activation of the Services shall indicate your acceptance of this Agreement. Subject to the terms and conditions of this Agreement,Gone Country Graphics, Inc  will provide to Customer the Services purchased.

1. Terms Of Use
Under this Agreement, Customer shall comply with our current "
Terms Of Use", as amended, modified or updated from time to time by us. Customer hereby acknowledges that it has reviewed the Terms of use policy and that the Terms of use policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, we may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Terms of use policy . In the event we take corrective action due to a violation of the Terms of use policy ,no fees paid in advance of such corrective action will be refunded. Customer hereby agrees that Gone Country Graphics, Inc shall have no liability to Customer or any of Customer's customers due to any corrective action that we may take (including, without limitation, disconnection of Services).

2. Amendment.
WE may amend, modify or update this Agreement or the Terms of use policy at any time at our sole discretion, and Customer shall be bound by any such amendment, modification or update. WE reserve the right to amend service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time including changing our Rates for services which will apply to both existing and future customers.

3. Term; Termination; Cancellation Policy.
The initial term of this Agreement shall be as set forth when your services are ordered. The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

This Agreement may be terminated by either party by giving the other party 30 days prior written notice, or by Gone Country Graphics, Inc in the event of nonpayment by Customer, at any time, without notice, if, in our judgment, Customer is in violation of any term or condition of the Terms of use policy or Customer's use of the Service disrupts or, in our judgment, could disrupt, our business or reputation.

If you cancel this Agreement prior to the end of the Term, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
If WE cancel this Agreement prior to the end of the Term, WE shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term.
All Website Design Fees Are NON REFUNDABLE once your website set up has been completed by me and log in information has been given to you to begin adding your products. Your IP address is logged on our server as proof of your accessing password only areas of the website - which is proof you have been given logins and agreed to this user agreement when you received your log in information as it is supplied to you at the same time.
4. Billing and Payment.
All fees for the Services shall be in accordance with Gone Country Graphics, Inc fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. A $15.00 late fee will apply to accounts past due more than ten (10) calendar days from the due date. WE may, with 30 days notice to Customer, amend the Services and/or the rates and fees charged for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.  In addition, in the event that any amount due Gone Country Graphics & Craft Website Design remains unpaid twenty (20) days after such payment is due, WE, at our sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. There will be a $50.00 charge to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by Customer.

Customer agrees that Gone Country Graphics, Inc may pre-charge Customer's fees for the Services to the Credit Card account supplied by Customer during registration. And WE have the right to automatically charge the yearly domain registration renewal fee at renewal time to avoid loosing a domain name registration.

Returned checks will be assessed a $30.00 charge.

5. Caching.
Customer expressly grants to Gone Country Graphics & Craft Website Design a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by us under this Agreement and agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.

6. Bandwidth and Disk Usage.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer (the "Agreed Usage"). WE will monitor Customer's bandwidth and disk usage. WE shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in our sole and absolute discretion. If We take any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

7. Customer Web Site; E-Commerce; Customer Warranties.
Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. We make no claims or gaurantees to the amount of sales generated by your website, or the amount of traffic delivered to your website. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store. Any notice of copyright infringements by any of our clients is NOT our responsibilty and we can not be held liable for such copyright infringement. Gone Country Graphics Copyright and Credits MUST REMAIN INTACT and on pages on your site using our graphics and services.

Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.

Customer represents and warrants to Gone Country Graphics , Inc that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, violate any criminal laws or constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants Gone Country Graphics , Inc the right to reproduce, copy, use and distribute all and any portion of the Customer Content, Name, Address, Phone Number and any other personal information provided to us by the customer to the extent needed to provide and operate the Services.

8. Disclaimer of Warranty.
Customer agrees to use all Services and any information obtained through or from Gone Country Graphics , Inc, at Customer's own risk. Customer acknowledges and agrees that we exercise no control over, and accept no responsibility for, the content of the information passing through host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Gone Country Graphics , Inc OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

9. Indemnification.
Customer agrees to indemnify, defend and hold harmless Gone Country Graphics , Inc and affiliated companies from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, any violation by Customer of the Usage Policy, any breach of any representation, warranty or covenant of Customer contained in this Agreement. The terms of this section shall survive any termination of this Agreement.

10. Limitation of Liability.
Customer agrees that WE, under any circumstances, shall not be held responsible or liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, whether in an action in contract or tort or strict liability or other legal theory, even if WE have been advised of the possibility of such damages. WE shall not be liable for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to our records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, our maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.


This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

11. Circumstances beyond our control

WE shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, act of nature or weather, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation and server availability) failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

12. Entire Agreement; Severability.
This Agreement, together with the any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

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