Terms and Agreement
This agreement will govern your purchase and use of any Blazing Web Designs Services (collectively called "Plan(s)", your account will also be refered to as your "Plan(s)") as described in the Order Form, ordered by you and accepted by Blazing Web Designs and explains the terms and conditions that apply to your purchase and the use of the Plan(s). It is required that you register and accept this terms and conditions in order to use the Plan(s). By purchasing our service you agree you have read and agree to and understood and accept the Blazing Web Designs Terms and Agreement" (also known as Acceptance Checkbox) you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.
- Disagreement. If you do not agree to the terms of this document, or any of Blazing Web Designs policies or guidelines, do not check the Acceptance Checkbox and your Plan(s) will not be created. If you do not agree to the terms of any modification to ANY Blazing Web Designs document, immediately notify Blazing Web Designs of your termination of this agreement, thereby terminating your Plan(s) with Blazing Web Designs.
- Modification Agreement. Blazing Web Designs reserves the right to change or modify any of the terms and conditions contained on this document and any policy or guideline incorporated by reference at any time. From time to time it is at Blazing Web Designs reserves, in it's sole discretion, the right to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting to Blazing Web Designs website. Blazing Web Designs will only post a notice of any revisions or changes to this document for thirty 30 days. Blazing Web Designs may change or modify ANY policies or guidelines without notice to you. Your continued use of Blazing Web Designs Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.
- Term. (i) 30 Days Terms - This agreement will be for the "term" of 30 days, beginning from the moment you register for the Plan(s). This agreement and your Plan(s) will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below. (ii) 12 or 24 Months Terms - This agreement will be for the "term" of twelve (12) or twenty-four (24) months, beginning from the moment you register for the Plan(s). This agreement and your Plan(s) will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below.
- Payment. All charges for your Plan(s) must be paid in advance according to the most current price of the Plan(s). Upon registration, you must pay for your Plan(s) by credit card or personal check. Upon paying for your Plan(s), you thereby grant permission to Blazing Web Designs to charge any fees in accordance with your Plan(s). If you choose to pay by check, you authorize Blazing Web Designs to automatically transfer money from your checking account, without invoice, via the transit and routing numbers you will supply or have supplied in the order form. If you pay by credit card, you must notify Blazing Web Designs of any changes (including, but not limited to the, number, expiration, cancellation of your card, and your billing address) to your card that may prevent Blazing Web Designs from billing you.
- Charges. You will be charged additional nonrefundable fees in the event that you used excessive services including, without limitation, additional bandwidth, file transfer in excess of Plan(s) limits, or megabytes space. You agree to pay for any and all charges that may coincide with the usage of your Plan(s) at the then current Blazing Web Designs prices, which shall be subject to any applicable taxes. You are responsible for the payment of all taxes of any nature including, without limitations, federal, state and local sales, use, value added, excise and duty taxes irrespective of which party may be responsible for collecting or reporting such taxes. You are only not liable for paying taxes on Blazing Web Designs income.
- Lateness. If your payment is received late, you may be responsible for paying a late charge of $10 per month for delayed payments. Your Plan(s) may remain suspended until payment is received by Blazing Web Designs from you. If your Plan(s) is left unpaid for 60 days, your Plan(s) may be terminated. A termination under this condition, or any other, will not relieve you from paying any past due fees plus interest that have accrued prior to the termination. In the event of collection enforcement, you will be liable for any costs, including, without limitation, attorneys' fees, court costs, and collection agency fees. Any Plan(s) terminated or suspended will result in requirement of a reconnection fee in the amount of $35.
- 30 Day-Money Back Guarantee. You have a 30 Day guarantee which will only apply to shared hosting Plan(s). If you do not feel Blazing Web Designs has delivered the business you expected, you may terminate this agreement within the first 30 Days from your initial order date, and receive a refund for the agreed upon monthly Plan(s) fee and shall exclude, without limitation, the refund of any or all setup fees, software purchases, or promotional discounts, etc... To receive the refund, you must terminate your Plan(s) in the manner described in the Termination Instructions below and discontinue your uses of the Plan(s), and Blazing Web Designs must receive this notice within the first 30 Day period of your Plan(s). You also agree to provide Blazing Web Designs with a description of why you are not satisfied with Blazing Web Designs Plan(s).
- Content Requirement. Use of the Plan(s) requires a certain amount of knowledge in the use of Internet Programming Languages, protocols and software, etc... This knowledge will vary depending on the usage and content level of your website. You or your webmaster must have the knowledge necessary to maintain your website, as it is not Blazing Web Designs responsibility to advise, teach, supply or provide any such knowledge or customer support outside of the Plan(s) agreed to you by Blazing Web Designs.
- Usage of allotted Resources. You agree that the use of the Plan(s) will not exceed the server resources (bandwidth, storage, e-mail usage) allotted to your Plan(s). If you use any resources that surpass the percentage or megabytes agreed upon, or if you exceed E-mail storage and attachment size limitations, Blazing Web Designs may, in its sole discretion, apply additional charges, suspend the Plan's usage, or terminate this agreement. In the event that Blazing Web Designs elects to take corrective action, you will not be entitled compensation for any used or unused prepaid fees.
- Quality of Service. Blazing Web Designs will make its best efforts to provide quality, and uninterrupted services but this is not a guarantee. Blazing Web Designs will not be responsible for any damages caused by service interruption, temporary delay, or outages of the Plan(s).
- Employee Solicitation. You agree not to approach Blazing Web Designs employees with proposal to hire them as his own employees or contractors. If you were to hire any of Blazing Web Designs employee, you agree to pay Blazing Web Designs for each employee the greater amount of three year's salary for that employee or $300,000.
- Limited Liabilities. Under no circumstances, including, without limitation, negligence or other tort, principles of contract, warranty, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise, shall Blazing Web Designs in creating, producing or distributing the Plan(s) thereunder be liable to you for any indirect, special, consequential, incidental or exemplary damages including, without limitation, to damages for lost profits, loss of use, lost of data, errors, defects, phone bills, communication lines bills, loss of privacy, damages to third party even if Blazing Web Designs has been advised of the possibility of such damages. In no event will Blazing Web Designs or its suppliers have any liability for unauthorized access to, theft or destruction of any content made available for distribution by the Plan(s) through fraud or devices.
- Indemnification. You agree that you shall defend by counsel reasonably accepted by Blazing Web Designs, protect and hold Blazing Web Designs harmless from and against any and all demands, liabilities, losses, costs, expenses, claims, including reasonable attorneys' and consultants' fees and court costs, demands, causes of action, or judgment directly or indirectly arising out of or related to the Plan(s) provided Blazing Web Designs to you.
- Disclaimer. You acknowledge and agree that Blazing Web Designs accepts no responsibility or liability for, and employs no control over, the content of the information passing through Blazing Web Designs host servers, network hubs, or the Internet. All services performed thereunder are performed "as is" and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, Blazing Web Designs does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Plan(s), including, but without limiting to, implied warranties of merchantibility, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.
- Automatic Plan(s) Upgrade. Blazing Web Designs may automatically upgrade Plan(s) without notice if the prices for the same Plan(s) change for monthly Plan(s)
- Termination Instructions: To terminate your Plan(s) you must follow these instructions. Any other forms of termination will not be acceptable. You must provide Blazing Web Designs with notice of a termination at least 7 days before the end of the Term by entering the Control Panel and clicking on the link that says "Cancel My Account". Blazing Web Designs will then ask you for customer identification information so that we can properly identify you. Once we receive your Notice of Termination we will send you a Termination Code. If your Plan(s) was billed in error after termination, credit will only be given to you if you have a valid termination code. Any attempts to cancel by e-mail or telephone will be rejected and billing will continue until these instructions have been followed. Any and all data and/or material placed by you to Blazing Web Designs equipment may be deleted upon termination. Blazing Web Designs is not obligated to back-up any of this data and/or material after a Notice of Termination. If you reregister after your Plan(s) was made, any and all dues and fees paid up to date regardless of services rendered will be forfeited.
- Liabilities and Obligations on Termination. If the Agreement expires or is terminated for any reason, Blazing Web Designs is not liable to you because of such an expiration or termination for compensation or reimbursement on Plan(s) of the loss of prospective profits, anticipated sales, goodwill or on Plan(s) of any investment, relation to, or association with your business or for any other reason resulting from your termination or expiration. Any termination of this Agreement will not deem you exempt from past due invoices or fees that have acquired prior to the termination of this Agreement owed by you to Blazing Web Designs as provided in this Agreement. Blazing Web Designs reserves the right to refuse service to anyone and terminate any Plan(s) without reason with 30 Days notice.
- Violations. Failure to follow Blazing Web Designs Agreement, policies, guidelines (collectively called "Conditions") will result in cancellation of your Plan(s). Blazing Web Designs will be the sole arbiter as to what constitutes a violation of the Conditions. Blazing Web Designs reserves the right to remove any Plan(s) without prior notice. Blazing Web Designs may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its systems, facilities, and/or third parties.
- Refund Policies. You and Blazing Web Designs agree that there will be no monetary compensation for terminated Plan(s)/services regardless of the reason. No Refund or prorated.
- Actions. Blazing Web Designs reserves the right to restrict or remove any content from its equipment that violates the Conditions, or is objectionable, or infringing on any third party's rights or in potentially violation of any laws. In the event that Blazing Web Designs becomes aware of the violation of the Conditions, a third party's rights or laws, Blazing Web Designs may immediately take corrective action which may include, but not be limited to, (1) restricting the Plan(s), (2) suspending or terminating the Plan(s), (3) restricting or prohibiting any and all use of Blazing Web Designs equipment, and/or (4) pursue other civil remedies. The above stated rights however does not obligate Blazing Web Designs to monitor or exert control over the information made available through the Plan(s). Blazing Web Designs will not be obligated to refund you any fees or charges paid in advance for corrective actions due to possible violations of the Conditions.
- Disclosure. Blazing Web Designs may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc...), usage history, material contained on Blazing Web Designs system in order to abide by any applicable laws, lawful governmental requests, to protect Blazing Web Designs systems and customers, or to provide and protect the quality, functionality, and integrity of Blazing Web Designs business and equipment. Blazing Web Designs reserves the right to report any activities that it suspects violates any laws or regulations to the appropriate law enforcement officials, regulators or any other appropriate third parties.
- Compensation. You agree to compensate, Blazing Web Designs and its affiliates and suppliers (and their respective employees, directors and representatives) for any and all expenses, including, without limitation, all claims, actions, proceedings, suits, liabilities, fines, and attorneys' fees, incurred by Blazing Web Designs or it's suppliers, arising out of or relating to (1) your violation or breach of any agreement, terms, representation or warranty of this Agreement or any applicable policy or guideline; (2) your improper or illegal use of the Plan(s); or (3) your violation, alleged violation, or misappropriation of any intellectual property right (including, but not limited to, trademark, copyright, patent, trade secrets) or nonproprietary right of a third party.
- Entire Agreement. This agreement in addition with and to all policies and guidelines incorporated herein by reference, constitutes the entire agreement and contract between you and Blazing Web Designs and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreement between you and Blazing Web Designs with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. You agree that you are entering into this entire agreement on the basis of any representations or promises not expressly contained in the entire agreement.
- Advertising. Blazing Web Designs may, free of any obligation to compensation, payment or reward, use your name and refer to you as a client, in advertising, publicity, or similar materials distributed or displayed to current or prospective clients.
- Laws. The entire agreement shall be governed by the laws of the United States and the state of California and its validity constructions, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of California applicable to contracts entered into and performed entirely within the State of California. You shall at all times accord with all applicable laws and regulations and shall protect and save Blazing Web Designs harmless from your failure to stray from accordance. You agree that Blazing Web Designs shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government. You shall not use the Plan(s) in any way that violates U.S. export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by U.S. law or on the US Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.
- Severability. If any provisions of the entire agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable form and shall in no way affect the validity or enforceability of, the remaining provisions of the entire agreement, which shall remain valid and enforceable according to its terms. If it is deemed severable form, the liability of Blazing Web Designs and its suppliers to you will be limited to the amount actually paid to Blazing Web Designs by you under this agreement during the three (3) months preceding the date on which the claim accumulated. This limitation applies to all causes of action in the aggregate including, but not limiting, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other damages. The fees for the Plan(s) set by Blazing Web Designs have been and will continue to be based upon this allocation risk. Accordingly, you hereby release Blazing Web Designs and its suppliers from any and all obligations, liabilities, and claim beyond the limitation stated in this section
- Warranties and Representation. You warrant and represent to Blazing Web Designs that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the Plan(s) only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.