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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