Terms of Service (TOS)
Electric Kitten :: Terms of Service TOS
This Web Site Hosting Agreement ('Agreement') is by and between Electric Kitten Hosting ('Electric Kitten Hosting') and you, your heirs, assignees, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of your use of Electric Kitten services and represents the entire agreement between you and Electric Kitten Hosting. By using Electric Kitten services, you acknowledge that you have read, understood and agreed to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Electric Kitten Hosting may establish from time to time. You may view the basics of our policies at http://electrickitten.com/policies.
1. FEESAs consideration for the services purchased by you and provided to you by Electric Kitten Hosting, You agree to pay Electric Kitten Hosting a monthly or annual fee. Your monthly or annual billing date will be determined based on the calendar day of the establishment of Your Web Hosting relationship with Electric Kitten Hosting. Monthly packages, your billing date will be the day of the month of your signup of each month. Payment is to be made by you by either providing a valid credit card for charge by Electric Kitten Hosting, or by setting up a PayPal subscription authorizing recurring payment to Electric Kitten Hosting. and is non-refundable except as outlined in the Satisfaction Guarantee referenced in Electric Kitten's policies. If for any reason Electric Kitten Hosting is unable to charge your credit card with the full amount of the service provided, or if Electric Kitten Hosting is charged back for any fee it previously charged to the credit card you provided, you agree that Electric Kitten Hosting may pursue all available remedies in order to obtain payment.
You agree that you will be responsible for notifying Electric Kitten Hosting thirty days in advance should you desire to terminate your use of Electric Kitten Hosting services. Notification of Your intent to terminate must be provided to Electric Kitten Hosting no earlier than 45 days prior to you billing date but no later than 30 days prior to your billing date. In the absence of notification from You, Electric Kitten Hosting will automatically continue Web Hosting services indefinitely and will charge the credit card you have on file with Electric Kitten Hosting current rates. It is your responsibility to keep your credit card information current, including the expiration date. In the event you terminate, moving your web site off of the Electric Kitten Hosting servers is your responsibility. Electric Kitten Hosting will not transfer or FTP your web site to another provider. Refunds to current server resolved clients are batched via credit in three to five working days. Non resolving clients to our servers will be issued a check after billing and security checks are performed. Please allow 8-12 weeks for check refund of charges.
2. TERM OF AGREEMENT; MODIFICATIONSThe term of this agreement shall continue in full force and effect as long as Electric Kitten Hosting is providing Web Hosting services to you. 'Web Hosting services' refers to your web site resolving to Electric Kitten Hosting servers. For security purposes, Electric Kitten Hosting will terminate your account in the event that your web site is no longer resolving to Electric Kitten Hosting servers.
You agree that Electric Kitten Hosting may modify this Agreement from time to time. Electric Kitten Hosting may also discontinue services it provides under this Agreement and/or if client has additional work orders, contracts or other agreements for any work done by Electric Kitten that may include website design, custom training, ecommerce solutions or other related work. Non-payment of any additional services conducted will be considered a violation of default and may affect your service including suspension, termination and /or collections for full monies owed to Electric Kitten and all of its divisions. You agree to be bound by any changes Electric Kitten Hosting may reasonably make to this Agreement when such changes become effective. Electric Kitten also reserves the right to sell business here said without any client knowledge.
3. DESCRIPTION OF SERVICEElectric Kitten Hosting currently provides Web Hosting services to its customers for a monthly or annual fee. Electric Kitten Hosting will host your web site on Electric Kitten Hosting servers, provided, however, you abide by the terms and conditions set forth herein and in each of Electric Kitten Hosting's policies and procedures. You are responsible for ensuring that your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Electric Kitten Hosting.
4. YOUR OBLIGATIONSYou agree that you have provided accurate, current and complete information in the application process and that you will notify Electric Kitten Hosting within five (5) business days when any of the information you provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Electric Kitten Hosting to determine the validity of information provided by You, will constitute a material breach of this Agreement. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if Electric Kitten Hosting has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, Electric Kitten Hosting has the absolute right, in its sole discretion, to terminate its Web Hosting services and close your account.
You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Electric Kitten Hosting will not be used in connection with any illegal activity.
5. ELECTRIC KITTEN HOSTING- RIGHTSElectric Kitten Hosting explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Electric Kitten Hosting's sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Electric Kitten Hosting determines to be harmful to its other customers, operations, or reputation; e. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Electric Kitten Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. You agree to indemnify and hold harmless Electric Kitten Hosting for any complications arising out of your use of Electric Kitten Hosting services, including actions Electric Kitten Hosting chooses to take to remedy your improper or illegal use of a web site hosted by Electric Kitten Hosting. You agree You will not be entitled to a refund of any fees paid to Electric Kitten Hosting if, for any reason, Electric Kitten Hosting takes corrective action with respect to Your improper or illegal use of its Web Hosting services.
6. DISPUTE RESOLUTION POLICYYou agree that if a dispute arises as a result of one or more web sites Electric Kitten Hosting is hosting for You, You will indemnify, defend and hold Electric Kitten Hosting harmless for damages arising out of such dispute. You also agree that if Electric Kitten Hosting is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Electric Kitten Hosting, that Electric Kitten Hosting, in its sole discretion, may take whatever action Electric Kitten Hosting deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
7. LIMITATION OF LIABILITYYou agree that Electric Kitten Hosting's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Electric Kitten Hosting to You under this Agreement, and for any breach of this Agreement by Electric Kitten Hosting, shall be limited to the fees You paid to Electric Kitten Hosting for Web Hosting services if loss occurs during the thirty-day satisfaction Guarantee period. Kitten Networks DBA Electric Kitten Hosting is not responsible for your data and or any retention of loss email and files. Electrickitten is not responsible in any form for personal or business loss of any kind including income and ecommerce-related website purchases. Electrickitten does nightly backups to help assist in matters if a website is corrupt or has any crash or file loss. We do our best but in no way guarantee 100% data retention. We urge all clients to backup important files and databases as a health practice. Under this Agreement, under no circumstances will Electric Kitten Hosting be held liable for any financial or other damages due to loss of data. In no event shall Electric Kitten Hosting be liable to You 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. Such failure or delay shall not constitute a default under this Agreement.
8. FORCE MAJEUREElectric Kitten Hosting shall not be liable to You or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , sabotage, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays. Under this Agreement, under no circumstances will Electric Kitten Hosting be held liable for any financial or other damages due to such interruptions. In no event shall Electric Kitten Hosting be liable to You 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. Such failure or delay shall not constitute a default under this Agreement.
9. INDEMNITYYou agree to release, defend, indemnify and hold harmless Electric Kitten Hosting and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Electric Kitten Hosting and/or Your use of the Web Hosting services provided by Electric Kitten Hosting.
10. DISCLAIMER OF WARRANTIES.Electric Kitten Hosting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. SEVERABILITYYou agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
12. NOTICESYou agree that all notices (except for notices concerning breach of this Agreement) from Electric Kitten Hosting to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Electric Kitten Hosting. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to Electric Kitten Hosting shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
Electric Kitten Hosting
Post Office Box 9083
Marina Del Rey, CA 90295