You have agreed to purchase monthly web-hosting services from M45 Creative and we have agreed to provide you with professionally designed, starter site for no additional cost. Following are the terms and conditions that outline what M45 will be responsible for and what you will be responsible for.
FEES
You agree to pay $49 (U.S. Dollars, forty-nine) per month, billed monthly. M45 will give advance notice of any changes to hosting rates after expiration of initial 2-year contract.
Payments will be made automatically on a regular monthly basis. No checks, cash, or manual invoicing will be accepted. If an invoice is rejected or payment is cancelled, M45 will attempt contact you to determine if this was in error. If we receive no response within 30 days, we will assume that your intent is to cancel services. We will terminate any further service and invoice you for any outstanding fees, including early cancellation fees if applicable.
PROPRIETARY INFORMATION
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any M45 Creative program, code or technology delivered to Client or any portion thereof.
CENSORSHIP & LIABILITY
M45 Creative will exercise no control whatsoever over the content of the information passing through the network, email or web site except as required by applicable laws. You are ultimately responsible for the contents of your website and M45 cannot be held liable for what you choose to publish there. We will make every effort to inform you if we believe that your website may be in violation of any relevant codes or laws, but final responsibility for your website falls to you. This remains true even when you commission another party (such as M45 or any other individual or agency) to design, populate, maintain or otherwise administer your website on your behalf.
WARRANTIES
M45 Creative makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. M45 also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of M45 Creative is at Client’s own risk, and M45 specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. M45 Creative does not represent guarantees of speed or availability of end-to-end connections. M45 expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. M45 Creative specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
TRADEMARKS AND COPYRIGHTED MATERIAL
You warrant that you have the right to use any applicable trademarks or copyrighted material you use in connection with this service.
TERMINATION
M45 Creative may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from M45 Creative of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of M45 and Client. If this agreement is terminated for any reason before its agreed period is completed, an early cancellation fee may be levied additional to any other outstanding charges.
INDEMNIFICATION
Client shall indemnify and hold M45 Creative harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against M45 Creative directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
GENERAL
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.