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Terms of Use
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to www.burchdesigns.com, and BurchDesigns LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to BurchDesigns LLC include www.burchdesigns.com, BurchDesigns, BurchCloud, and www.burchcould.com. The BurchDesigns website is a company and service site. By using the BurchDesigns website, you consent to the data practices described in this statement.
 

Collection of your Personal Information

In order to better provide you with products and services offered, BurchDesigns may collect personally identifiable information, such as your:
 
 – First and Last Name
 – Mailing Address
 – E-mail Address
 
If you purchase BurchDesigns’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
 
BurchDesigns may also collect anonymous demographic information, which is not unique to you, such as your:
 
 – Age
 – Gender
 
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
 

Use of your Personal Information

BurchDesigns collects and uses your personal information to operate and deliver the services you have requested.
 
BurchDesigns may also use your personally identifiable information to inform you of other products or services available from BurchDesigns and its affiliates.
 

Sharing Information with Third Parties

BurchDesigns does not sell, rent or lease its customer lists to third parties.
 
BurchDesigns may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to BurchDesigns, and they are required to maintain the confidentiality of your information.
 
BurchDesigns may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BurchDesigns or the site; (b) protect and defend the rights or property of BurchDesigns; and/or (c) act under exigent circumstances to protect the personal safety of users of BurchDesigns, or the public.
 

Tracking User Behavior

BurchDesigns may keep track of the websites and pages our users visit within BurchDesigns, in order to determine what BurchDesigns services are the most popular. This data is used to deliver customized content and advertising within BurchDesigns to customers whose behavior indicates that they are interested in a particular subject area.
 

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by BurchDesigns. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the BurchDesigns website.
 

Use of Cookies

The BurchDesigns website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
 
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize BurchDesigns pages, or register with BurchDesigns site or services, a cookie helps BurchDesigns to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same BurchDesigns website, the information you previously provided can be retrieved, so you can easily use the BurchDesigns features that you customized.
 
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the BurchDesigns services or websites you visit.
 

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
 

Security of your Personal Information

BurchDesigns secures your personal information from unauthorized access, use, or disclosure. BurchDesigns uses the following methods for this purpose:
 
 – SSL Protocol
 
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
 
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
 

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
 
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
 

Children Under Thirteen

BurchDesigns does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
 

E-mail Communications

From time to time, BurchDesigns may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from BurchDesigns or click on a link therein.
 
If you would like to stop receiving marketing or promotional communications via email from BurchDesigns, you may opt out of such communications by clicking on the UNSUBSCRIBE button..
 

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.
 

Changes to this Statement

BurchDesigns reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
 

Contact Information

BurchDesigns welcomes your questions or comments regarding this Statement of Privacy. If you believe that BurchDesigns has not adhered to this Statement, please contact BurchDesigns at:
 
BurchDesigns LLC
2910 N. Powers Blvd. #317
Colorado Springs, Colorado 80922
 
Email Address:
[email protected]
 
Telephone number:
6239104731
 



Effective as of June 01, 2021

Terms and Conditions
Agreement between User and www.burchdesigns.com and www.burchcloud.com

Welcome to www.burchdesigns.com. The www.burchdesigns.com website (the “Site”) is comprised of various web pages operated by BurchDesigns LLC (“BurchDesigns”). www.burchdesigns.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.burchdesigns.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.burchdesigns.com and www.burchcloud.com is an information and E-Commerce Site.

BurchDesigns provides design services (branding, websites, and graphic designs) and website hosting and support. BurchDesigns offers both projects for one-time invoicing and subscription services.

Privacy

Your use of www.burchdesigns.com is subject to BurchDesigns’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.burchdesigns.com or sending emails to BurchDesigns constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BurchDesigns is not responsible for third party access to your account that results from theft or misappropriation of your account. BurchDesigns and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

BurchDesigns does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.burchdesigns.com only with permission of a parent or guardian.

Cancellation/Refund Policy

All sales are final and refunds will not be issued. You can cancel your subscription at any time and your subscription will end at the next billing date.

Links to Third Party Sites/Third Party Services

www.burchdesigns.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BurchDesigns and BurchDesigns is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BurchDesigns is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BurchDesigns of the site or any association with its operators.

Certain services made available via www.burchdesigns.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.burchdesigns.com domain, you hereby acknowledge and consent that BurchDesigns may share such information and data with any third party with whom BurchDesigns has a contractual relationship to provide the requested product, service or functionality on behalf of www.burchdesigns.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.burchdesigns.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BurchDesigns that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BurchDesigns or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BurchDesigns content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BurchDesigns and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BurchDesigns or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your BurchDesigns account to third party accounts. By connecting your BurchDesigns account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by BurchDesigns from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BurchDesigns Content accessed through www.burchdesigns.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless BurchDesigns, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BurchDesigns reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BurchDesigns in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BurchDesigns agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BURCHDESIGNS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BURCHDESIGNS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BURCHDESIGNS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BURCHDESIGNS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BURCHDESIGNS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

BurchDesigns reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BurchDesigns as a result of this agreement or use of the Site. BurchDesigns’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BurchDesigns’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BurchDesigns with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BurchDesigns with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BurchDesigns with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

BurchDesigns reserves the right, in its sole discretion, to change the Terms under which www.burchdesigns.com is offered. The most current version of the Terms will supersede all previous versions. BurchDesigns encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

BurchDesigns welcomes your questions or comments regarding the Terms:

BurchDesigns LLC
2910 N. Powers Blvd. #317
Colorado Springs, Colorado 80922

Email Address:
[email protected]

Telephone number:
6239104731



Effective as of June 01, 2021

Website Subscription Service
This Website Hosting and Support Agreement (“Agreement”) is entered into on first billing date between BurchDesigns, 2910 N. Powers Blvd. #317, Colorado Springs, Colorado, 80922, www.burchdesigns.com, [email protected], hereinafter referred to as Host and User, hereinafter referred to as “Client. The Host and the Client shall be collectively referred to as the Parties. Under this Agreement, the Host will provide Web Hosting and related services to Client. The parties agree as follows:
 

1. Acceptance

By accepting this Agreement and using Host’s Website Hosting Services and Website Support Services (“Services”), Client agrees to be bound by all the terms and conditions of this Agreement.
 

2. Provision of Services

Host agrees to provide Client with website hosting services, consisting of website server space, e-mail capability, internet access, domain name registration, and such additional services, as may be provided by Host from time to time. Host reserves the right to change or modify the features of Client’s service plan from time to time on 30 days written or e-mailed notice to Client. Client’s continued use of Host’s services after receipt of such a notice of modification shall constitute Client’s acceptance of and agreement to be bound by the Host’s modification of the terms and conditions of this Agreement.
 

3. Agreement Term

The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the calendar month in which this Agreement was executed (the “Initial Term”). After the initial term, this Agreement shall be automatically renewed for successive monthly periods until terminated by one of the parties as provided in this agreement.
 

4. Termination without Cause

(a) Client may terminate this Agreement at any time, for any reason, by contacting Host, either by phone or e-mail, and requesting that Client’s account be canceled. In the event of a cancellation, Host will not refund amounts already billed for the current monthly service period in which Client terminates the Agreement. Any amounts paid in advance by Client for future service terms following the current monthly service term will be promptly refunded by Host.
 
(b) Host may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Client’s primary website e-mail contact address no less than 30 days prior to the service termination.
 
(c) If either Party terminates this Agreement, Host will back up all Client’s current Website content, databases, and e-mail messages as an archive file, and send them to Client either as an attachment to an e-mail or via other file transfer process, or mail them to Client in the form of a CD-ROM.
 

5. Termination for Cause

Client agrees to abide by the terms of this Agreement and by Host’s general use policies as set forth in this Agreement, as those policies may exist from time to time. Host may change its use policies on 30 day written notice to Customer by e-mail message, mail, or facsimile transmission. Any violation by Client of the terms of this Agreement or of Host’s general use policies shall be grounds for immediate termination of Client’s account for cause. If Host terminates Client’s account for a violation of this Agreement, Host shall not be required to refund any amounts billed for the billing period in which Host terminates Client’s services.
 

6. Payment Terms

(a) Client agrees to pay Host an amount of $199 monthly for the Host’s services. Host reserves the right to change or modify its charges for Client’s plan from time to time on 30 days notice written or e-mailed to Client. Client’s continued use of Host’s services after receipt of such a notice shall constitute Client’s acceptance of and Agreement to be bound by the Host’s modified charges for its services. Additional charges for add-on services not included in Client’s plan will be made as mutually agreed upon.
 
(b) Service charges are payable in advance on a monthly basis. Host will invoice Client at the beginning of each payment period. Host will submit all invoices to Client by e-mail. Payment is due immediately upon receipt of invoice. Payments can be made online or by check. Interest in the amount of 10 percent per month will be added to any outstanding invoices remaining unpaid for more than 30 days.
 
(c) Client agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by Client and any fees owed to Host.
 
(d) Any charges for upgrading Client’s current hosting package, or performing add-on requests, will not be billed until the next invoice.
 

7. Taxes

Host shall not be liable for any taxes and other governmental fees related to purchases made by Client or from Host’ server. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to Client by Host.
 

8. Materials and Products

Any material and data Client provides to Host in connection with Services shall be in a form requiring no additional manipulation on the part of Host. Host shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. Host, in its sole discretion, may reject material or data that Client has placed on Host’s servers or that Client has requested that Host put on Host’ servers. Host agrees to notify Client immediately of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the Host’s requirements. Client’s failure to amend or modify the data or material as directed by Host within a reasonable time shall be a breach of this Agreement.
 

9. Electronic Mail Abuse

Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of e-mail) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person’s permission is prohibited. Host’s accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative clean-up fee of up to $500 and a deactivation fee of $500.
 

10. Violations of Network Security

Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client’s agreement. Host will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:
 
(a) Accessing data not intended for the Client or logging into a server or account that the Client is not authorized to access.
 
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
 
(c) Attempting to interfere with service to any Client, host or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.
 
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
 
(e) Taking any action in order to obtain services to which the Client is not entitled.
 

11. Warranty against Unlawful Use

Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client’s account for cause.
 

12. Liability; No Warranty; Limitation of Damages

(a) Client expressly agrees that use of Services provided by Host is at Client’s sole risk.
 
(b) Host guarantees 99 percent uptime for its Web servers. If uptime for Client’s Web server falls below 99 percent during any given month (or specify other payment period), Host will credit Client as follows: Client will receive a credit on their account for the monthly hourly cost lost due to the down time by the hour. Example for a 30 day month. There are 720 hours. If the service goes down for one hour and the monthly subscription is $199; they would be credited .28 cents (USD).. Any such credit shall be applied to future invoices. This credit shall be Client’s sole and exclusive compensation for any downtime or other unavailability of Host’s services under this Agreement. Host shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability.
 
(c) Host, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
 
(d) Host, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Host’s records, programs, or services.
 
(e) Host will exercise no control over the content of the information passing through Host’s network except those controls expressly provided herein.
 
(f) Host makes no warranties or representations of any kind, express or implied, for the services it is providing. Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
 

13. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights

(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to Client. Client agrees that all right, title, and interest in any product or service provided to Client belongs to Host. These products and services are only for Client’s use in connection with Services provided to Client as outlined in this Agreement.
 
(b) Client expressly warrants to the Host that Client has the right to use any patented, copyrighted, or trademarked material which Client uses, posts, or otherwise transfers to Host servers.
 

14. Hardware, Equipment, and Software

Client is responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access Host servers. Host makes no representations, warranties, or assurances that Client’s equipment will be compatible with Host Services.
 

15. Age

Client expressly represents and warrants that Client and any person to whom Client grants access to Client’s Host account are at least 18 years of age.
 

16. Indemnification

Client agrees to defend, indemnify, and hold Host harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against Host, its agents, servants, officers, and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, Client’s agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless Host against liabilities arising out of:
 
(a) Any liability to Host arising by virtue of any use of Host’s services by Client for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
 
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to Client;
 
(c) Any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party;
 
(d) Copyright or trademark infringement by Client, or violation by Client of intellectual property rights of any other party; and
 
(e) Any defective product which Client sold or distributed by means of Services.
Client agrees that the liability limit of Host shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
 

17. Attorneys’ Fees

If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
 

18. Notice

Client agrees to keep Host informed of all current contact information for Client’s account. Changes in Client’s account information may be reported to Host by e-mail at [email protected] or on Host’s website located at www.burchdesigns.com. Failure to maintain or keep current all contact information shall be a ground for Host to terminate Client’s account for cause.
 

19. Governing Law

This Agreement has been entered into in the State of Colorado, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
 

20. Severability

In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
 

21. Waiver

No waiver by Host of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
 

22. Entire Agreement

This Agreement shall constitute the entire agreement between Client and Host, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.