Legal AgreementStripes Web Services Universal Terms of Service Agreement
Updated Dec 2010
You should carefully read the following Terms and Conditions. You purchase or use of our products implies that you
have read and accepted these Terms and Conditions.
2. Glossary of Terms
We includes the Website Owner – www.stripeswebservices.com – (“Website” or “Website Owner” or “we” or “us” or “our”) or any party acting on the Website Owner’s implicit instructions.
You (“you”, “your”, “Customer”) includes the person purchasing the services or any party acting on the customer’s instructions.
Server means the computer server equipment operated by us in connection with the provision of the Services.
Web Site means the area on the Server allocated by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement
3. Web Site Hosting And Email
3.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server caused by you.
3.2 You will no claim any ownership of any data, content, graphics, design, compilation, and other related matters in our Server.
3.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
3.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
3.3.2 You will not post, link to or transmit:
(a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) Any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
3.3.3 You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
3.4 We reserve the right to remove any material which we seem inappropriate from your web site without notice.
3.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
3.6 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.7 Any access to other networks connected to www.stripeswebservices.com must comply with the rules appropriate for those other networks.
4. Service Availability
4.1 We shall use our reasonable endeavor to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice.
5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
5.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize www.stripeswebservices.com to debit your account renewal fees from your card using paypal.
5.3 All payments must be in US Dollars.
5.4 If your check is returned by the bank as unpaid for any reason, you will be liable for a “returned check” charge of $25.00.
5.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5.6 Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after 20 days of account suspension.
6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.3 Refunds will be made for time of service no use after advanced prepaid
6.4 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
6.5 You may cancel the Services at any time.
6.6 Where payment has been made by credit or debit card, any refund will only be issue by check.
7.1 You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified in our Server.
7.2 Our products are provided “as is” without warranty of any kind, either expressed or implied.
7.3 In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products
8.1 Copyright © www.stripeswebservices.com 2010
8.2 All aspects of your hosting and website – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright www.stripeswebservices.com and its affiliates or content and technology providers.
8.3 No part of your web site hosted by our Server may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Website Owner.
9. Trade Marks
9.1 The trade marks, names, logos and service marks (collectively “trade marks”) displayed on the website are registered and unregistered trade marks of the Website Owner.
9.2 Nothing contained on the website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner.
10. Disclaimer And Limitation of Liability
10.1 You agree that Stripes Web Services (we) will not be liable for any (1) suspension or loss of the services(s), including, without limitation, domain name registration services.
10.2 The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
11.1 www.stripeswebservices.com reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
12.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, phone and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
13. Applicable Law
13.1 This Agreement shall be governed by and constructed in accordance with the laws of Washington State, USA. and you hereby submit to the non-exclusive jurisdiction of the Washington state courts.
14. Entire Agreement
14.1 These terms and conditions constitute the sole record of the agreement between you and Stripes Web Services in relation to your use our service. You agree that Stripes Web Services will not be liable for any (1) suspension or loss of the services(s), including, without limitation, domain name registration services. (2) Use of the service(s). These Terms and Conditions covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Comments or Questions.