erms & Conditions, 2018
DEFINITIONS
Wild Spirit Development, LLC, 6046 Blue Ridge Dr. Apt F. Highlands Ranch, CO 80130, webmaster at Wild Spirit Development, LLC, (720)936-8146, it’s owners, employees, partners, affiliates, and third party providers hereinafter referred to as COMPANY.
Services being provided by COMPANY to an end user or other customer hereinafter referred to as SERVICE
An individual acting on behalf of him/herself, an employer, a corporation, partnership, or other legal entity that will be using COMPANY’S services hereinafter referred as USER.
TERMS OF SERVICE AGREEMENT hereinafter referred to as AGREEMENT.
AGREEMENT
This AGREEMENT is entered into between USER, and COMPANY and shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. USER and COMPANY agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Colorado. The failure of COMPANY to exercise or enforce any right or provision of this AGREEMENT shall not constitute a waiver of such right or provision. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the SERVICE or AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this AGREEMENT, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by COMPANY. In any action between COMPANY and USER to enforce any of the terms of this AGREEMENT, COMPANY shall be entitled to recover expenses, including reasonable attorney’s fees.
COMPANY maintains the right to change and/or amend this AGREEMENT without notice. It is USER’S sole responsibility to remain updated as to the AGREEMENT which will be provided to USER on the customer or member web pages at WildspiritDevelopment.com or pages through which USER may access or use the SERVICE. Proceeding to use the SERVICE after any changes constitutes USER’S acceptance of the amended AGREEMENT. If USER does not wish to be bound by the below terms and conditions then USER must cease to use the SERVICE.
This comprises the entire agreement between USER and COMPANY and supersedes any prior agreements pertaining to the subject matter contained herein.
SUPPORT AND CONSULTATION
On-site consultation/support – We do not provide on-site consultation or support.
Technical Support – We provide technical support through our ticketing system 24 hours per day. Technical support is strictly limited to technical issues related to access or problems using the services directly provided by Wild Spirit Development, LLC. Technical Support does not include consultation, question and answer, tutoring, advice or guidance.
Consultation by Phone – Consultation is provided inside of our monthly packages. Calls are 60 minutes in duration on a pre-scheduled basis during our normal business hours. This consultation covers questions and answers, tutoring, advice or guidance that is not included in Technical Support. Package and overage rates are provided on our pricing and packages page. Overage charges will be applied to your credit card on file at the completion of each call.
Consultation by Website Forum – This consultation covers questions and answers, tutoring, advice or guidance through our community forum inside the member area of our website. This engagement is unlimited for all of our members.
BILLING
Forms Of Payment
COMPANY accepts PayPal, Master Card, Visa, and American Express. USER agrees that they are fully authorized to use any credit card that they place on file with COMPANY. USER also agrees to take full responsibility, to hold harmless, and to pay all necessary costs legal or otherwise in defending COMPANY for unauthorized use of any credit card USER provides COMPANY for payment of SERVICE.
Due Dates
All fees that are incurred as a one time charge, such as transfers, account setup, maintenance, or other services provided by COMPANY are due and payable upon completion of that service and will be billed automatically to the credit card USER has placed on file with COMPANY.
Recurring accounts are automatically billed on the first day of each month and will be automatically applied to USER’S credit card on file. Any account unpaid after this date will result in an immediate account termination without notice. All stored data will be lost and cannot be recovered. It is USER’S sole responsibility to guarantee COMPANY has a valid credit card on file prior to USER’S renewal date to avoid account closure. If, at any time, the credit card on file reaches its limit, expires, or otherwise becomes closed, USER must notify COMPANY and update the credit card information on file prior to USER’S due date to avoid account closure.
A restoral fee equal to the current package setup plus $50.00 will be charged to reactivate a frozen or canceled account.
WARRANTIES/GUARANTEES
Use of the SERVICE is at USER’S sole risk. The SERVICE is provided on an “AS IS” and “AS AVAILABLE” basis. COMPANY disclaims all warranties of any kind, whether express or implied. COMPANY makes no warranty that the services will meet USER’S requirements, that the services will be uninterrupted, timely, secure, error free, or free of data or hardware loss. COMPANY does not make any warranty as to the results that may be obtained from the use of the SERVICE or the accuracy or reliability of any information obtained through the SERVICE, or that defects in our SERVICE will be corrected.
Although we do perform system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. We do not and will not perform system backups on any USER E-mail account(s). We shall not be held responsible for any lost data regardless of the reasoning. All data collected or stored by COMPANY is owned by COMPANY. Information, access to information, or storage of information is being provided to USER as a service.
User should always keep their own backup of their email and website data.
COMPANY makes no warranty regarding any goods or services purchased or obtained through or from the SERVICE or any transactions entered into through the SERVICE.
LIMITATION OF LIABILITY
USER’S access to any materials through the SERVICE is at USER’S own risk. USER will be solely responsible and under no circumstances shall COMPANY be liable for any loss or damage including costs of procurement of substitute goods and services resulting from any use of the SERVICE or inability to use the SERVICE. We have no control over and accept no responsibility whatsoever for USER’S actions while using any portion of the SERVICE, or any information, content, data, or other material downloaded or otherwise obtained through or from the SERVICE.
COMPANY shall not be liable or deemed to be in default for any delay or failure in performance under AGREEMENT or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.
COMPANY shall not be liable for costs, damages, loss of profits, uses, data or other intangibles incurred as a result of interruption, suspension, termination, whether interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent. COMPANY shall not be liable for losses, damages, or costs whether special, punitive or consequential that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a USER’S computer.
SERVICE may provide, or USERS may include in email postings, links to other Web sites or resources. USER acknowledges and agrees that COMPANY is not responsible for the availability of such external sites or resources, and that COMPANY does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
In the event that COMPANY is found liable under any circumstances as to the terms of this AGREEMENT, COMPANY’S liability shall be limited to the most recent month of SERVICE’S fee charged by COMPANY to USER or $50 whichever is less.
INDEMNITY
USER agrees to indemnify and hold COMPANY and their third party service providers including all employees, contractors, partners, parent organizations, subsidiaries, affiliates, and officers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of USER’S use of the SERVICE, USER’S connection to the SERVICE, USER’S violation of the AGREEMENT, or USER’S violation of any rights of another.
REGISTRATION OBLIGATIONS
Age Limit
USER represents to COMPANY that USER is eighteen (18) years of age or older. USER understands that certain materials available from the SERVICE may not be suitable for individuals under the age of eighteen (18).
User Names And Passwords
USER may be asked to choose a user name. USER agrees to choose a name which is unique, not obscene, unlawful, or otherwise objectionable in COMPANY’S sole discretion. COMPANY shall own User’s complete user name.
USER will receive a designated password and account upon completing the registration process for the SERVICE. USER is solely responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under USER’S account. USER agrees to immediately notify COMPANY of any unauthorized use of USER’S password or account or of any other breach of security.
Accurate Information
The right to use the SERVICE is not transferable. Accounts are for USER’S use only. USER agrees to provide true, accurate, current, and complete information about USER’S self as prompted by the registration form(s) and to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by USER is untrue, inaccurate, not current, or incomplete, COMPANY has the right to terminate USER’S account without notice and refuse any and all current or future use of the SERVICE.
PRIVACY
Information transmitted through COMPANY and through the Internet in general is not confidential. COMPANY cannot and shall not guarantee privacy or protection of USER. COMPANY reserves the right to monitor USER’S transmissions when deemed necessary for providing proper service and/or to protect the rights and property of COMPANY.
COMPANY or a designee may disclose Registration Data about USER or email transmitted through the SERVICE to third parties and information about USER’S use of the SERVICE, provided that the information is required to provide the SERVICE, or is the result of a court order, as required by law or legal process, if necessary to enforce this Agreement, to respond to claims that such contents violate the rights of third parties, or to protect the rights or property of COMPANY.
USER’S USE OF SERVICE
COMPANY will not knowingly activate SERVICE for any USER that we determine at our sole discretion to be pursuing or intending to pursue content that we deem to be offensive. This includes but is not limited to activity that is unlawful, harmful, harassing, libelous, abusive, illicit, vulgar, obscene, indecent, containing nudity, sexually explicit, adult in nature, privacy invading, threatening, tortuous, or otherwise objectionable in nature.
USER agrees to abide by all applicable local, state, national, and international laws and regulations during use of the SERVICE, and agrees to not interfere with the use and enjoyment of the SERVICE by other users and to comply with all requirements, procedures, policies, and regulations of networks connected to the SERVICE.
USER’S transmission of any material that violates the rights of another, including intellectual property or material that undermines or causes harm to an individual or organization is strictly prohibited.
USER is solely responsible for the content of USER’S private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the SERVICE.
USER may not resell the SERVICE or use of or access to the SERVICE.
Spamming, or the sending of unsolicited or non-requested promotional email whether by mass or individually is STRICTLY prohibited. USER may not send email to more than 25 recipients at a time, send more than 100 emails per hour period, send from an email address that is not USER’S own, send an email that is over 10 MB in size, or forge message headers to hide the origin of their email. COMPANY may block certain attachment types known to be used in transmitting viruses. COMPANY will be the sole arbiter as to what constitutes a violation of this provision. Violators will be assessed a fine of no less than $500.00 and will face an immediate suspension.
Some activity by USER may result in criminal and civil liability for USER. This includes but is not limited to abuses by way of email, newsgroup postings, uploading, transmission of viruses or any harmful component, probing, mail bombing, flooding, attempts to gain unauthorized access, attempts to overload a system, broadcast attacks, forging of any TCP-IP packet header or any part of the header information, scanning of a systems security or authentication measures, or monitoring data or traffic.
TERMINATION OR CANCELLATION
Cancellation
Accounts can be closed by emailing COMPANY at webmaster at WildSpiritDevelopment.com or by calling (641) 715-3900 ext.27827#. Customers must provide the current user name, password, and last 4 digits of the credit card on file. USER’S account will be closed on the last day of USER’S billing month. COMPANY does not issue service credits for any partial month or outages incurred through SERVICE disablement.
Termination
COMPANY may terminate USER’S account and all related information, communications, and files, and may bar any further access to such account, communications, files, or use of the SERVICE if COMPANY believes that USER has violated or acted inconsistently with the letter or spirit of the AGREEMENT, or that USER has violated the rights of COMPANY. Termination of any of the SERVICE may be effected without prior notice.
COMPANY may terminate USER’S account or use of the SERVICE if USER fails to use the SERVICE at least one time during a reasonable period of time, which shall not be less than thirty (30) days, as determined from time to time by COMPANY.
Company reserves the right to modify or discontinue, temporarily or permanently, the SERVICE with or without notice to USER. USER agrees that COMPANY, and their third party service providers shall not be liable to USER or any third party for any modification or discontinuance of the SERVICE.
INDIVIDUAL SERVICE SPECIFICS
Dialup
Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
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COMPANY will force a 10 minute idle timeout and 5 hour maximum session on all dialup accounts. Attempts to defeat the idle timer or automatically reconnect by any means is strictly prohibited. Inactivity is defined as less than 500 bytes of data transferred between USER’S modem and the SERVICE.
Unlimited service does not mean dedicated service which shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue the SERVICE if their unlimited account is used as a dedicated connection.
Some services may be offered as limited. Once the user has reached their limit, they shall not have access to the internet until the 1st of the next month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, they must purchase an unlimited account.
Loaning User’s account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.
Hosting
We expect USER to possess a basic knowledge of the Internet and computer function. We also expect USER to have access to a computer which is connected to the Internet to use the SERVICE.
Examples of non-acceptable content or links:
Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. COMPANY shall be the sole arbiter of what is considered to be a high server usage level. Any hosting account deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
CGi Scripts
Cgi script sharing with domains not hosted by COMPANY is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
Chat Rooms
COMPANY does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and COMPANY cannot permit it as an account option. COMPANY does provide a choice of Java chat rooms for a small extra charge that should meet most users’ needs and run without hindering the performance of the machine of COMPANY’s servers.
Background Running Programs and Cron Jobs
COMPANY may allow programs to run in the background. These programs will be considered on an individual basis and extra charge will be incurred based on system resources used and operational maintenance needed. If USER wishes to run background programs please contact COMPANY at webmaster at WildSpiritDevelopment.com, before doing so.
IRC
COMPANY does not allow IRC or IRC bots to be operated on COMPANY’S servers.
Software Distribution
COMPANY’S shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If USER wishes to distribute software and/or multimedia files, please contact COMPANY for special arrangements at webmaster at WildSpiritDevelopment.com,
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. COMPANY Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Database
Any database stored on COMPANY’S servers shall be limited in size to 10% of the total disk space allotted for a particular domain.
REMEDIES
When COMPANY becomes aware of an alleged violation of AGREEMENT, COMPANY will initiate an investigation. During the investigation COMPANY may restrict USER’S access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, COMPANY may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, COMPANY will notify the appropriate law enforcement department of such violation. COMPANY may also recover damages and other costs incurred by investigating USER’S abuses of these terms.
If COMPANY denies USER access to the SERVICE or terminates USER’S account, USER shall not have the right to access through us any materials stored on the Internet, to obtain any credit(s), to access third party services, merchandise or information on the Internet through the SERVICE, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
WEBSITE UPDATES
Change Requests – Email your website change request to webmaster at WildSpiritDevelopment.com, or visit https://wildspiritdev.com/wsdtrash.
Website change consultation by phone will be charged the current telephone consultation rate.
Graphics, Flash, and Scripting updates and projects will be performed by quote only and will require a non-refundable 50% down payment to begin work.
BY USING OR CONTINUING TO USE THE SERVICES SPECIFIED HEREIN YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
