LONGS PEAK WEB DESIGN LLC TERMS OF SERVICE
ACCEPTANCE OF TERMS:
Longs Peak Web Design LLC (“LPWD”) shall provide to you its Services and Support subject to the following Terms of Service (“TOS”), which may be updated by it from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.longspeakweb.com/terms-of-service/. By using the services of LPWD, you accept and agree to be bound by the terms and provisions of the TOS as well as the terms of service of any hosting or email service that is being used.
- DESCRIPTION OF LPWD SERVICES:
LPWD provides users with website design and hosting, and incidental to website hosting it provides email messaging services for its clients. Unless explicitly stated otherwise, any new features that augment or enhance the current LPWD services shall be subject to the TOS. You understand and agree that the LPWD Services are provides “AS-IS” and that LPWD assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or data. You understand that the technical processing and transmission of the LPWD Services, including your content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Domain registration services are provided by LPWD, but it is your responsibility to let LPWD know when the domain is about to expire. Emails about expiration are sent to the email account on file at the time the domain was created or updated as requested by you. LPWD is not responsible for domain names lost in the event of expiration.
- CLIENT ACCOUNT, PASSWORD AND SECURITY
Depending on the services provided by LPWD, it may provide its clients with a password and certain accounts. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. LPWD cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- CLIENT CONDUCT
As a client of LPWD, you agree to not use the LPWD services to intentionally or unintentionally violate any applicable local, state, national, or international law or post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, invasive of another’s privacy, or otherwise objectionable.
- INTERSTATE NATURE OF COMMUNICATIONS
By using LPWD’s services, you acknowledge that you may be causing communications to be sent through computer networks in multiple states in the United States. As a result, communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of the transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
- INTERNATION USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, and you agree to comply with all applicable export and import laws and regulations.
You agree to indemnify and hold LPWD and its agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by a third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the services of LPWD, your use of the LPWD services, your connection to the LPWD services, your violation of the TOS, or your violation of any rights of another.
- GENERAL PRACTICES REGARDING USE AND STORAGE OF MESSAGES AND DATA:
You acknowledge that LPWD may establish general practices and limits concerning use of LPWD’s services, including without limitation the maximum number of days that email messages or other uploaded data will be retained by LPWD or its third party providers. YOU AGREE THAT LPWD HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF EMAIL MESSAGES OR DATA OR FAILURE TO STORE ANY EMAIL MESSAGES OR DATA AND OTHER COMMUNICATIONS OR CONTENT MAINTAINED OR TRANSMITTED BY LPWD OR ITS THIRD-PARTY PROVIDERS. You acknowledge that LPWD reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that LPWD reserves the right to modify these general practices and limits from time to time. Security measures may be taken to prevent damage to servers or other locations. All backup procedures are your responsibility. It is recommended that you back up all important information in multiple locations.
- BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify LPWD and its agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES OF LPWD AND ITS SOFTWARE ARE AT YOUR SOLE RISK. LPWD’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LPWD AND ITS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LPWD AND ITS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT LPWD’S SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LPWD SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LPWD AND ITS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LPWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY LPWD.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and LPWD and governs your use of the LPWD’S services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services provided by third-party software or third-party content.
Choice of Law and Forum. You and LPWD each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and LPWD, shall be brought exclusively in the courts located in the county of Larimer, Colorado or the U.S. District Court for Colorado. You and LPWD agree to submit to the personal jurisdiction of the courts located within the county of Larimer, Colorado or the U.S. District of Colorado, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of LPWD to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your LPWD account is non-transferable.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the LPWD’s services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.