EverythingFarm, LLC., (hereinafter “Provider”) a New Hampshire corporation, shall provide website hosting services (hereinafter "Services"), to customers, businesses, individuals and other users (hereinafter “Users”). Users use of the Service are subject to the below Terms of Service (hereinafter "Terms"). Use of the Service, requires Users acceptance of the Terms and providing of website account information.
The Service allows Users who register for an account (each an "Account Holder") to create and update an online web site. Once registered, each Account Holder receives his or her own web site and may post account information, data, text, photographs, graphics, video, messages, goods, products, services and other materials and information (hereinafter “Content”) in order for Provider to provide the Services. The Service may include fees for Services by Provider, in addition to service announcements, and administrative messages by Provider.
As long as Provider continues to offer the Services, Provider may provide and seek to update, improve and expand the Services. As a result, Provider may allow Users to access the Services and its updates and improvements as made available by Provider, which may include additional fees, which shall be expressly stated. Provider may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices for all or part of the Services at its sole discretion. Any modification or changes to the Services shall be effective when made available by Provider to Users or by direct communication to Users, unless otherwise noted.
To register as an Account Holder, Users must provide Provider with a valid email address and other information ("Registration Data") as required on Provider’s registration site. Users will choose a password and account designation for User’s web sites during the registration process and User’s will create identification and log in credentials. Users are responsible for maintaining the confidentiality of the password and account designations, and for all activities that occur under User’s account. In consideration for use of the Services, Users agree to maintain and update true, accurate, current and complete Registration Data. Individuals under the age of 13 are prohibited from creating or using accounts through Provider’s Services.
Some of the features of the Services require payment of fees. If Users elect to sign up for these features, Users shall be notified of such fees and shall pay all applicable fees prior to having access to the Service. Provider reserves the right to change prices at any time. Users authorize Provider to make any reasonably necessary inquiries to validate Users account and financial information.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Users shall be responsible for payment thereof. Users agree to pay for any taxes that might be applicable to Users use of the Service and payments Users make to Provider. Provider reserves the right to change prices at any time, and provider may initiate fees after a free trial period with at least 30 days notice to Users of such fees.
This Agreement shall commence on the date Users are provided Services by Provider and continue in effect until terminated by either Party as provided herein. Provider and Users may terminate this Agreement at any time by notifying the other party of such termination, electronically or in a written communication. Users are responsible for paying any fees due to Provider for the Services provided up to any date of termination by either party.
If Users terminate the Service, Users cancellation will take effect immediately. After cancellation, Users will no longer have access to the User’s website and Provider may delete all information on a User’s web site. Provider accepts no liability for such deleted information or Content.
Provider further reserves the right to withhold, remove and or discard any Content available as part of a User’s account, with or without notice, if such Content is deemed to be contrary to the requirements of this Agreement, at Provider sole discretion. For avoidance of doubt, Provider has no obligation to store, maintain or provide users a copy of any Content that users or others provide while using the Service. If Users provide information that is false, inaccurate, non-current or incomplete, Provider reserves the right to suspend or terminate User’s account and refuse any and all current or future use of the Service or any portion thereof.
Users are responsible for maintaining the security of Users account and web site, for all activities that occur or actions taken under the account or in connection with a User’s web site. Users agree to immediately notify Provider in writing of any unauthorized uses of the account or any other breaches of security. Provider shall not be liable for any loss or damage from a User’s failure to comply with security responsibilities of the Users web site.
User acknowledges and agrees that under no circumstances shall Provider be liable, in any way, for any of users acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
Users acknowledge and agree that the Service and any software used in connection with the Service contains proprietary and confidential information that is proprietary to Provider and may be protected by applicable intellectual property, including patent, copyright, trademark and other laws. Except as expressly authorized by Provider, Users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
User’s gives Provider User’s permission to host User’s Content through the Services, which is implied by using the Services. Providers right to Content exists only for as long as Users continue to use the Services or remain an Account Holder under this Agreement.
All Content that Users post on a web site via the Services are the sole responsibility of the Users providing the Content.
Users agree that users shall not:
a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from Users or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting Users site by posting multiple submissions in public forums that are identical;
c. harm minors in any way;
d. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
f. upload, post or otherwise transmit any Content that Users do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. impersonate any person or entity;
h. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
i. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. stalk or otherwise harass another;
l. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
m. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
n. offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) Users do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Provider determines, in Provider’s sole discretion, is inappropriate for sale through the Service;
o. upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes.
p. upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service. Provider retains the right to terminate any account or User who has violated any of the above prohibitions.
By using the Services, User’s customers may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances shall Provider be liable for Customer Content or the Content of any third party, including, but not limited to, for any errors or omissions in User’s Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services. Users acknowledge that Provider shall not pre-screen Content, but that Provider shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Services. Provider shall also have the right to remove any Content that violates the Terms of this Agreement or is otherwise objectionable in Provider’s sole discretion. Users must evaluate, and bear all risks associated with, the use, display and webs site posting of any Content.
Users acknowledge and agree that Provider may keep copies of Content and may also disclose Content if required to do so by law or if Provider has a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms herein; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect Providers, Users and others rights, property, or safety.
Users agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, Users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Users reside.
Links to other web sites or resources may be available through User’s websites and through the Services provided herein. Provider is not responsible for the availability of such websites or resources, does not endorse and is not liable for any Content, advertising, products, or other materials on or available from such sites or resources. Provider is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Users agree to indemnify and hold Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User’s Content, use of or connection to the Services, violation of the Terms herein, or violation of any rights of another.
Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission.
Provider may establish general practices and limits concerning use of the Services and may modify such practices and limits from time to time with or without notice to Users.
USERS EXPRESSLY UNDERSTAND AND AGREE THAT:
a. USERS USE OF THE SERVICE IS AT USERS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER 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.
b. PROVIDER IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO USERSR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. USERS ARE RESPONSIBLE FOR BACKING-UP USER’S CONTENT. PROVIDER DOES NOT WARRANT THAT i)THE SERVICES WILL MEET SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USERS THROUGH THE SERVICE WILL MEET USERSR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USERS OWN DISCRETION AND RISK AND THAT USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERSR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. PROVIDERS AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY USERS FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO USERS.
The materials on the Service are provided with restricted rights to the U.S. Government. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Provider’s proprietary rights in them.
Provider shall not be liable for any delays or other non-performance in providing the Services resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, any law, order or requirement of any governmental agency or authority or other causes beyond the reasonable control of such party, provided that Provider has informed the other party of such force majeure event upon the occurrence thereof (including a reasonable estimate of the additional time required for performance) and Provider uses best efforts and due diligence to effect the required performance and mitigate damages as soon as reasonably practicable.
This Agreement constitutes the entire understanding between Users and Provider and governs User’s use of the Services, superseding any prior agreements (including, but not limited to, any prior versions of the Terms).
a) Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then such provision shall be null and void but each other provision hereof not so affected shall be enforced to the full extent permitted by applicable law.
(b) Waiver. The failure of Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Users acknowledge and agree that users are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise. No waiver of any right or remedy hereunder with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion.
(c) Governing Law; Jurisdiction / Waiver of Jury Trial. The provisions of this Agreement shall be construed in accordance with the laws of the State of Delaware excluding its conflict of law provisions. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with this Agreement or disputes relating hereto shall be brought in the State of Delaware. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the dates set forth by Users use of Provider’s Services.