Thank you for selecting Three Eyed Bird Design, LLC for your web hosting. By signing up for an account with us you agree to be bound for the following terms and conditions:
1 - Payment for Services
You agree to pay all of our proper invoices and/or subscription charges via paypal for all installation charges, service fees and charges, equipment fees, and all other charges in connection with the services, including, but not limited to, fees for late payment and interest, charges for returned or "bounced" checks, reasonable attorneys fees in the event that we are required to retain counsel to enforce this agreement, and disconnection fees and early termination charges if we terminate this agreement because of your default. You will make all payments within 15 days of the date on our invoice or we may charge you interest on all past due amounts from the invoice date to the date of full payment at a rate that is the lesser of (i) 5% per month or (ii) the highest rate permitted by applicable law. If you dispute any of the charges on your bill, you must notify us immediately or, at the very least, no later than 30 days after the date on the disputed bill. All items not in dispute must be paid when due. Once the dispute is resolved, any appropriate adjustments due to you or to us will appear on the next bill. After the Term of the Plan I selected ends, you will automatically be renewed for the same Plan unless written notice is provided by 7 days prior to your next billing date. We may terminate any or all services, without additional notice if payment is not received when due. If, after termination, you desire to restart the services, you may be required to pay additional fees and deposits, and to prepay for the services.
2 - Bandwidth usage
Your plan will have a specified amount of data you may transfer per month. We calculate based on calendar months (which may or may not coincide with your billing period). If you hit your bandwidth allocation we will contact you for your desired resolution of either 1. pay for additional bandwidth or 2. disable site until bandwidth is available the following month. If we are unable to get in contact with you after 2 business days or there is excessive bandwidth usage, account will be suspended until we are able to resolve.
3 - Usage Policy
We reserve the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used. In short we do not allow certain activities hosted on our servers:
No adult content (No Pornography)
No online gambling
No Spam, No unsolicited e-mailing
No Warez, cracks, copyright infringement
4 - Availability of service
We strive to provide the highest availability of our servers. However, we provide no warranty or guarantee as to the availability of our servers. If we experience excessive down time we will be limited in liability to the amount we billed you for service that month.
5 - Account cancellation
Contract term is same duration as your billing term selected. The contract term will automatically renew each period until a cancelation request is received by our office either via email to our support staff or certified mail. Cancelation requests must be received 7 days prior to next billing cycle. If you cancel your account, it will be shut down at the end of the billing cycle. We will not issue refunds for mid-billing cycle cancellations. Three Eyed Bird Design, LLC reserves the right to terminate service of any account for any reason with or without notice.
6- Misuse of system
We will terminate your account if we detect any of the following activity from your account:
1. Code meant to slow down the server.
2. Code meant to attempt to read restricted files and/or create or overwrite files with malicious code.
3. Any executable code uploaded with the purpose of executing malicious code on the server.
4. Any attempt to circumvent your storage and/or bandwidth restrictions.
5. Sending spam (unsolicited email) from your account.
6. Any other activity deemed to be intentional attempts to hack any system of ours.
7 - Data backup
We will do our best to preserve your data. We may also make backups of your data but do not guarantee data backups. We are not responsible for lost data. We will only attempt to restore data from backups if we experience a catastrophic failure of our system.
8 - Indemnification
You agree to indemnify and hold Three Eyed Bird Design, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on Three Eyed Bird Design, LLC your use of Three Eyed Bird Design, LLC web hosting services, your violation of these Terms and Conditions, or your violation of any rights of another.
9 - Limitation of Liability
You agree neither Three Eyed Bird Design, LLC, nor its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits). In no event shall the maximum aggregate liability exceed the total amount paid by you for the services for a one-month period, but in no event greater than one hundred dollars ($100.00).
10 - Governing Law
The Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Minnesota (without regard to its principles of conflicts of laws) and applicable federal laws and any applicable tariffs, rules, and regulations. Any action to enforce The Terms and Conditions shall be brought in a state or federal court located in Eagan, Minnesota. In addition, our performance hereunder shall be subject to any applicable governmental rules, regulations, and tariffs filed by us or our affiliates with governing regulatory authorities. In the event of a conflict between the terms of any applicable tariff, rule, or regulation and the Terms and Conditions, the tariff, rule or regulation shall control, with respect to such conflicting provision. All non-conflicting terms of the Terms and Conditions shall apply.