Terms of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH CYBERGUARDIAN WEBSITE HOSTING OFFERS YOU SERVICES. BY PURCHASING SERVICES, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

CyberGuardian Website Hosting Terms of Service:

Agreement:

This Agreement ("Agreement") is entered by and between CyberGuardian Website Hosting and Customer, and will become effective upon purchasing Services from CyberGuardian Website Hosting.

Background:

A. CyberGuardian Website Hosting provides hosting services, including website storage and transfer services over the Internet, on and through its dedicated servers.

B. Customer desires to purchase the Services provided by CyberGuardian Website Hosting, and CyberGuardian Website Hosting desires to sell Customer such services, on the terms and conditions set forth in this Agreement.

Terms And Conditions:

1. Definitions

"Fees" means any set-up fees, monthly hosting fees, overage fees and any and all other fees for Services to be rendered or otherwise made available, or already rendered or otherwise made available, to Customer, as further described in the Services and Fees Schedule.

"Customer" means Customers who purchase the Services directly from CyberGuardian Website Hosting.

"Customer Agreements" means the agreements between CyberGuardian Website Hosting and its Customers for purchase and acceptable use of the Services by the Customers.

"Effective Date" means the date of original purchase of the Services.

"Monthly Payment Date" means the day of each calendar month that corresponds to the Effective Date. Monthly Payment Date is typically every 30 days after the Effective Date.

"Services" means the hosting services, including website storage and transfer services over the Internet, on and through dedicated servers as described in the Services and Fees Schedule.

3. Relationship of the Parties

3.1 CyberGuardian Website Hosting and Customer are independent contractors, and nothing herein shall be construed as creating an employment, franchise, joint venture or partnership relationship between them. Neither party shall be an agent of the other party, and neither party shall have any right, power or authority to enter any agreement for or on behalf of, incur any obligation or liability, or otherwise bind the other party.

3.2 Customer is CyberGuardian Website Hosting's sole Customer under this Agreement, and no other party shall have any right to enforce or seek the benefits of the terms and conditions herein.

4. Price and Payment Terms

4.1 Customer will purchase the Services from CyberGuardian Website Hosting in accordance with the price and payment terms set forth in this Section and the Services and Fees Schedule.

4.2 No later than the Effective Date, Customer will pay CyberGuardian Website Hosting the Fees due for the upcoming month.

4.3 On each Monthly Payment Date, Customer will pay CyberGuardian Website Hosting all of the following: (a) the base hosting Fees due for the upcoming month; and (b) the Fees due for Services begun during the prior month, since the last Monthly Payment Date; and (c) the Fees for any Bandwidth overages incurred during the prior calendar month.

4.4 Customer must pay CyberGuardian Website Hosting all Fees by credit card, and this Agreement is CyberGuardian Website Hosting's authorization to charge to a valid Customer credit card all amounts due on or after the Effective Date and each Monthly Payment Date. Customer understands this will be an automatic recurring charge until terminated by the terms set forth in Section 8.

4.5 For the term of this Agreement, Customer agrees to pay CyberGuardian Website Hosting all Fees.

4.6 CyberGuardian Website Hosting offers Customer a 30-day, 100% money-back guarantee. Should Customer wish to cancel the Services for any reason, Customer may contact CyberGuardian Website Hosting within 30 days of the Effective Date and receive a complete refund.

5. Customer's Warranties and Responsibilities

5.1 Customer represents and warrants that it has the right to enter into this Agreement and entering it will not result in a breach of any other agreement to which it is a party.

5.2 Customer shall report to CyberGuardian Website Hosting any suspected defects relating to the Services and shall promptly inform CyberGuardian Website Hosting of any complaints regarding the Services.

5.3 If Customer desires to transfer any of the Customer Agreements to a purchaser as a part of a sale of any of its assets or to its successor in any merger or other business combination, Customer shall give CyberGuardian Website Hosting written notice of the same and CyberGuardian Website Hosting shall have a right of first refusal to purchase such Customer Agreements for thirty (30) days after such notice. This Section shall survive any such sale, merger or other business combination and be enforceable against any transferee or successor.

6. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

6.1 ALL GOODS AND SERVICES PROVIDED BY CYBERGUARDIAN WEBSITE HOSTING UNDER THIS AGREEMENT ARE PROVIDED AS IS AND AS AVAILABLE. CYBERGUARDIAN WEBSITE HOSTING MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING ANY GOODS OR SERVICES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, CONDUCT, OR INDUSTRY PRACTICE. EXCEPT AS EXPRESSLY INDICATED HEREIN, NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY STATEMENT REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF ANY GOODS OR SERVICES, WHETHER MADE BY CYBERGUARDIAN WEBSITE HOSTING'S EMPLOYEES OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY CYBERGUARDIAN WEBSITE HOSTING FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF CYBERGUARDIAN WEBSITE HOSTING. CUSTOMER ACKNOWLEDGES THAT CYBERGUARDIAN WEBSITE HOSTING HAS NOT REPRESENTED OR WARRANTED THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR WITHOUT DELAY OR SOME INACCURACIES.

6.2 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO THE USE, OPERATION, OR SUPPORT OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, OR DAMAGES CAUSED BY HACKERS, CODE DEVELOPED WITH MALICIOUS INTENT, INTERRUPTED COMMUNICATIONS, LOST BUSINESS, LOST DATA, OR LOST PROFITS, EVEN IF CYBERGUARDIAN WEBSITE HOSTING OR CUSTOMER HAS BEEN ADVISED OF, OR KNOWS OR SHOULD KNOW OF, THE POSSIBILITY OF SUCH DAMAGES.

6.3 CyberGuardian Website Hosting does not guarantee the security of the Services or such information, and CyberGuardian Website Hosting will not be responsible in the event of any infiltration of its security systems.

6.4 Except for the obligation to pay, neither party will be liable to the other for a delay in the performance of any obligation under this Agreement that is caused by strike or other labor difficulty, civil disorder, armed conflict, embargo, fire, flood, accident, or any other cause beyond the control of the party whose performance is delayed thereby.

7. Indemnification

Subject to the limitations of liability provided in this Agreement, Customer shall indemnify, defend and hold CyberGuardian Website Hosting, its officers, directors, employees, agents, affiliates, successors and assigns harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or relating to (a) any breach by Customer of this Agreement; (b) the sale, purchase or use of any products or services by the Customers; or (c) claims brought or damages suffered by any Customer relating to such Customer's or their agents' use of the Services.

8. Duration and Termination

The term of this Agreement will commence on the Effective Date and will continue until terminated by the terms set forth in this Agreement. This Agreement will renew thereafter automatically on the same terms and conditions for additional successive periods unless Customer submits a request to cancel their account through written notice prior to the end of the then-applicable term.

(a) Delinquent accounts are those that remain unpaid at the Monthly Payment Date. The Services will be suspended if your account is delinquent for 3 days. Notwithstanding any other rights CyberGuardian Website Hosting may have in this Agreement, all of Customer's website contents will be destroyed if Customer's account is delinquent for 7 days. CyberGuardian Website Hosting accounts continue to accrue charges while they are delinquent or if the Services are suspended.

(b) CyberGuardian Website Hosting reserves the right to suspend or terminate the Services to Customer's account at any time, without prior notice or liability, for any conduct that CyberGuardian Website Hosting, in its sole discretion, believes violates this Agreement, its Acceptable Use Policy, or is otherwise harmful to CyberGuardian Website Hosting's interest or the interests of other accountholders.

(c) Customer may terminate Services by providing written notice of its termination to CyberGuardian Website Hosting at least 5 business days prior to the Monthly Payment Date, so as to afford CyberGuardian Website Hosting a reasonable opportunity to act on it.

8.3 All rights and obligations herein that have become absolute before expiration or termination of this Agreement or are of a continuing nature will survive any expiration or termination of the Agreement for any reason.

9. Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when deposited in the United States mail, postage prepaid, addressed as follows:

CyberGuardian Website Hosting
961 Lakeside Drive, #307
Grand Junction, CO 81506 U.S.A.

10. General Provisions

10.1 This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws provisions. Each party hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the state and federal courts located in Grand Junction, Colorado, for any action, suit or proceeding arising out of or relating to this Agreement.

10.2 All captions and titles in this Agreement are for convenience of reference only and are without legal significance or effect.

10.3 Amendments: These Terms of Service may require amendment from time to time. CyberGuardian Website Hosting will attempt to notify Customer via email when any change is made to these Terms of Service by duly authorized officers or representatives. Customer is responsible for ensuring that CyberGuardian Website Hosting has Customer's current and valid email address.

10.4 The failure by either party at any time or for any period of time to enforce any provision of this Agreement shall not be construed as a waiver of that provision, and shall not affect that party's right to enforce that provision at a later date.

Services and Fees Schedule

Further descriptions of the Services available through CyberGuardian Website Hosting and related Fees can be requested through http://www.cyberguardianwebsitehosting.com.

Customer may be provided a unique username and password for authentication and is solely responsible for ensuring that only its authorized personnel have access to and may use such username and password.

Any and all Fees may change, at CyberGuardian Website Hosting's discretion, and shall be applicable to any additional, new or renewed Services purchased by Customer.

CyberGuardian Website Hosting will run a monthly usage audit on Customer. If Customer is over its bandwidth quota or virtual host quota, then Customer will be automatically billed for such overages or usage at then-current rates.

As further described in the web pages referenced above, CyberGuardian Website Hosting will provide technical support to Customer.