Responsibility
1. Wood River Associates as your agent will be responsible for uploading Web site files and/or providing and setting up any Web site content. Wood River Associates will be, with your authorization, responsible for modifying, correcting or updating Web site material.
2. Customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.
3. Wood River Associates is responsible for maintaining the confidentiality of login and billing information and will not sell, disperse or use this information for purposes other than its intention,
4. Customer is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the Web site does not exceed the bandwidth allocated for the account(s). Wood River Associates will use its best efforts to e-mail Customers who are at or near their bandwidth utilization limits, but Wood River Associates does not take responsibility if e-mail notification(s) is not received by the Customer.
5. Wood River Associates reserves the right to refuse service to anyone delinquent in payment and may discontinue service for on-payment until such time payment has been satisfied.
Payment Policies - General
1. Accounts will not be activated or reactivated without payment 10 days prior to expiration date
2. All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
3. Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
4. Any losses or expenses experienced by the Customer, due to actions taken by Wood River Associates in response to Customer non-payment, are not the responsibility of Wood River Associates
5. Web Sites will become inactive and reactivated with full payment. Late payment may result in a $150 restoration fee above and beyond hosting/domain name fees..
6. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
Cancellation Policy
1. You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement.
2. Fees for services are non-refundable.
3. If you do not wish to continue to use Wood River Associates as you agent for hosting with FatCow, or do not wish to renew your domain name, it is your responsibility to contact our us to cancel your account. You will need to indicate when you would like to cancel the account and whether you will maintain ownership of any domain names associated with your account.
Technology Parameters
1. We use FatCow as or hosting server for web sites and email. Customer is responsible for providing the equipment and services necessary to access FatCow networks, systems and servers. FatCow makes no assurances that the Customer's equipment is compatible with its services.
2. FatCow/Wood River Associates is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by FatCow or not residing on FatCow's network, systems or servers.
3. FatCow is not responsible for ensuring that Customer Web sites function correctly, nor are we responsible for trouble-shooting programs, scripts or software placed on our servers by the Customer.
Web Site Accessibility
1. FatCow uses all efforts to ensure that Customers' Web sites are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by FatCow.
2. However, due to the nature and complexity of online services, FatCow cannot guarantee the availability of (i) our Web site, (ii) any Customer Web site or other Web site, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.
Backup / Restore
1. FatCow does not maintain backup copies of Customer Web sites or e-mail. Wood River Associates will maintain a backup copy of web site BUT NOT email
2. FatCow cannot guarantee that the contents of a Web site will never be deleted or corrupted. As such Wood River Associates will maintain a backup copy of the Web site which will always be available.
3. If the customer makes any changes to the web site without going through Wood River Associates it becomes the responsibility of he customer to inform Wood River Associates of such changes so that they can be included in the backup copies.
4. We ALWAYS recommend that Customers copy all content of a Web site to a local computer and strongly suggest that Customers make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
5. Wood River Associates DOES NOT make back up copies of email. It is recommended that if a customer relies heavily on their email for business that they maintain a backup email account with another service to ensure continuity of communication. It is the responsibility of the Customer of notify their client base of such an alternative email account(s).
Domain Name Registrations and Renewals
1. Upon a Customer's request, and subject to these terms and conditions, Wood River Associates will attempt to register a domain name, or renew the registration of an existing domain name, on behalf of the Customer with FatCow in its sole discretion, elects to employ for such registration or renewal. Wood River Associates reserves the right to refuse any request for registration or renewal of a domain name.
2. The registration or renewal of any domain name by Wood River Associates through FatCow on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer's continued compliance with any and all FatCow
3. Once a domain name has been registered or renewed by Wood River Associates through FatCow, no refunds will be given for the domain registration or renewal fee.
4. The Customer has full ownership rights over any domain name registered or renewed by Wood River Associates through FatCow, where the domain registration fees have been paid in full by the Customer. In the event of fraud or failure to pay fees, Wood River Associates will retain possession of the domain name.
5. Wood River Associates is not responsible for any domain name's availability. The Customer waives any and all claims against Wood River Associates for, and hereby releases Wood River Associates from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
6. The Customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, Wood River Associates will provide the Customer with the name of the Chosen Registrar.
7. The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against Wood River Associates for, and hereby releases Wood River Associates from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.
8. Wood River Associates is not liable for domain disputes that may arise over changed registrant information for a domain name.
9. Wood River Associates is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. Wood River Associates will not act as an arbitrator, but will honor any ICANN decisions.
10. If we are unable to secure payment before the domain renewal date, the domain name will expire.
11. Forty (40) days after a domain renewal date, a domain name will be released by the Registrar and made available to the general public for re-registration.
12. After a domain has expired, we will, upon a Customer's request, put in a request with our Registrar to renew and reactivate the domain name if all registration fees are paid (including any extra fees required to pull a domain name out of its redemption period). This process is normally complete within four (4) days.
13. FatCow bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The Customer agrees to bear complete responsibility for such deadlines.
Limitations of Liability
1. Wood River Associates uses FatCow as a hosting server. Fatcow operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
2. Wood River Associates cannot accept any liability for downtime, interruptions of service, loss of business, loss of email, los of revenue, breach of security or inadvertent access to your private data.
3. YOU AGREE THAT ALL ACCESS AND USE OF YOUR SERVICE WITH FATCOW AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL FATCOW OR WOODRIVER ASSOCIATES BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FATCOW SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
Miscellaneous
1. These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice.
2. By visiting the FatCow Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of The Commonwealth of Massachusetts having jurisdiction over you. The Terms and the relationship between you and FatCow shall be governed by and interpreted in accordance with the laws of The Commonwealth of Massachusetts, United States of America, without reference to its principles of conflicts of law.
3. If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
