Purpose

The purpose of this Agreement is to set forth a Terms of Use Policy by and between Cuddle Creek™, LLC, a Arizona-based Limited Liability Company (hereafter "Company") and the web hosting customer (hereafter "Customer") by which Customer will abide while using, renting, leasing, or otherwise making use of Company's products and services. By using Company’s Web Hosting and E-mail Services, Customer agrees to comply with the following Policies and assume responsibility for the compliance of all Customer’s Agents and Users permitted by Customer to use Company products and services.

Recitals

a) Company offers Web Hosting and E-mail Services for Customer use.

b) Customer desires to use Company's Web Hosting and E-mail Services.

c) Company and Customer agree to the terms and conditions set forth herein.

Agreements

In consideration of the mutual covenants set forth in this Agreement, Customer and Company hereby agree as follows:

1. Terms.

Company will provide Web Hosting and E-mail Services for Customer subject to the following terms:

a) Length of Service. Customer agrees to the length of service selected in the online order form during the registration process.

b) Service Start Date. The first payment shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for first such Term of service or upon a mutually agreed upon alternate date.

c) Renewal. This Agreement will automatically renew for successive Terms unless canceled. Customer should be aware that it is their responsibility to cancel the subscription through paypal or their credit card and that it is not Cuddle Creek LLC's responsiblity to cancel the subscription. Renewal fees for the following Term will be automatically invoiced to Customer’s account.

2. Terms of Payment.

Terms of payment are as Customer selected in the online order form during the registration process. Payments are recurring every month or every year dependent upon the plan purchased.

3. Right to Service.

a) Company's service will be provided on an "as is, as available" basis. Further, Company provides no warranty, written, expressed, or implied, for any Web Hosting and E-mail Services provided, including, without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by Company or its providers beyond the fees paid to Company for services.

b) Customer and Customer’s Users will use the Web Hosting and E-mail Services in a manner consistent and compliant with any and all applicable laws of the State of Arizona, the jurisdiction of the Customer or User's home or office, and the United States Federal Government.

c) Use of any information obtained by way of Company is at Customer’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services, including, but not limited to, instruction manuals downloaded from the Company website or resource links to other sites provided by Company.

d) Company makes no warranty, written, expressed or implied of any guaranteed uptime, or that the service will function at a reliable level based on past performance.

e) Company is not responsible for any damages arising from Customer’s or Customer’s Users’ use of Company’s services or by any inability to use the Company's Web Hosting and E-mail Services for any reason. This includes, but is not limited to, loss of revenues due to system downtime, loss of customers due to failure of Company's servers or other technologies, or any other damages resulting from failure of any of Company's services for any reason.

f) Acting in good faith, Company shall make every reasonable effort to protect and backup Customer data stored on Company's servers. However, Company is ultimately not responsible or to be held liable for any reason for any loss or corruption of Customer or Customer’s Users’ data, files, or directories residing on Company's equipment. It is the responsibility of Customer to maintain offline copies and backups of data and files stored on Company equipment in case of server failure.

4. Limit of Liability.

Company shall not be held liable for any content posted, opinions expressed, or actions taken by any Users of Company services. Any conduct that violates the laws, regulations, or accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. Company reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact its Customers, or expose it to liability or tort. This includes, but is not limited to, removal of potentially offensive material, suspension of accounts, or complete Termination of service.

5. Proprietary Information.

Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include, but not be limited to, the provisions of this Agreement, product and service information, and pricing. Customer further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Customer or any portion thereof.

6. Misuse of System Resources.

It is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts installed on Company servers. Company reserves the right to immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources.

7. Potentially Tortuous or Illegal Conduct.

The following shall be construed as violations of this Agreement and may result in suspension or Termination of Customer’s account.

a) Company products and services may be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links may include, but are not limited to: Pirated software, Hacker programs or archives, MP3 audio files, Warez, Game Mods or Patches, IRC Bots, Chat Sites or Servers, Pornography and Adult Content, or any other file or media deemed by Company to be illegal or for which Customer or Customer’s Users do not have the legal right to use, post, or otherwise store on Company servers. Company also reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact its Customers, or expose it to liability or tort, whether or not that activity is specifically illegal. Company has sole discretion in its judgment of what activities are acceptable.

b) No one shall post defamatory, scandalous, or private information about a person without their consent or with intention to inflict emotional distress, or post any information that violates any rightful trademarks, copyrights, or other intellectual property rights.

c) Sending unsolicited e-mail messages (“Spam”) from or through Company’s servers, including, without limitation, commercial advertising or informational announcements, is strictly prohibited. Company reserves the right to terminate this Agreement and any other accounts under Customer’s account if Company determines that unsolicited mass e-mail has occurred or if Company receives complaints that unsolicited mass e-mail messages have been sent from Customer’s account.

d) Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through a Company-provided server, or using a Company-provided server as a mail drop for responses.

e) Any unauthorized distribution or copying of copyrighted material, violations of U.S. export restrictions, harassment, fraud, dealing in contraband, and other illegal activities, or dealing in content and material that has been deemed illegal in the User’s community, state, province, or municipality.

f) Falsifying any Customer information provided to Company or to other Users of the service in connection with the use of a Company service.

8. System and Network Security.

Violations of system or network security are strictly prohibited, and may result in criminal or civil prosecution. Examples include, but are not limited to: allowing unauthorized access, use, probe, or scan of any Company system, security, authentication measures, data or traffic; interference with service to any User, host or network; mail bombing, flooding, or attempts to overload a system or broadcast attacks. Customers or Customers' Users shall not engage in forging of any TCP-IP packet header, e-mail headers, or any other information provided or passed through Company systems or network at any time.

9. Consequences of Violation.

If Company becomes aware of an alleged violation of any of the terms contained in this Agreement, or any other policy that has been posted on its website, made available to Customer via e-mail, or posted in any other form, Company shall initiate an investigation. During the investigation, Company may restrict Customer or Customer’s Users’ access to Company products and services in order to prevent further possible unauthorized activity. Company may, at its sole discretion, restrict, suspend, or Terminate Customer's account without notice, or pursue civil remedies or press criminal charges as it deems necessary. Company shall notify the appropriate law enforcement agency of any such violations.

10. DNS Information.

Company shall not be responsible for updating any DNS records for Customer domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain names are correctly listed with their domain registrars.

11. Modification of Policy.

Company reserves the right to add, modify, or delete any provision of this Policy at any time and without notice. Company reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.

12. Transfer of Agreement.

Customer may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, Customer shall notify Company by mail, telephone, or e-mail no less than 30 days prior to the effective date of the event.

13. Indemnification.

Customer shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Customer's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer.

14. Enforceability.

If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Exclusive jurisdiction and venue shall be in the Maricopa County Courts. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

15. Disputes.

If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

16. Termination of Agreement.

Company may Terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events:

a) Failure to comply with any provisions of this Agreement.

b) Appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors.

c) Upon mutual agreement in writing between Company and Customer.

Acting in good faith, Company agrees that accounts that are Terminated by Company will be subject to a prorated refund for services not provided, and all website content owned by Customer will be provided to Customer within a reasonable time.

Cuddle Creek LLC reserves the right to refuse service to anyone at any time. However, if we should deem it necessary to initiate termination of services with you, the Company specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. 
  
Cuddle Creek LLC does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. The Company specifically retains the right to make the final decision in any matter relating to site content. If you wish to seek virtual or dedicated hosting services with Cuddle Creek LLC and you are concerned about content, please contact us.

SERVICE INTERRUPTIONS. Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. Company agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will the Company be held liable for any financial or other damages due to such interruptions. In no event shall Cuddle Creek LLC be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.