These terms of service (TOS) apply to you, the Customer, and your use of Positively Creative Solutions, LLC’s Self-Service Website service.
Your use of the service is subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your subscription to the service and placement of information on your Self-Service Website is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to subscribe.
It is agreed between the Customer and Positively Creative Solutions, LLC that all services provided by Positively Creative Solutions, LLC hereunder are delivered at the location of the underlying servers where your Self-Service Website resides, in other words at data centers located within the territorial USA. By subscribing to and using Positively Creative Solutions, LLC’s Self-Service Website service, you are expressly stating that you as the Customer reside within the United States of America. Although the Customer may be physically located outside of the USA when subscribing to the service, or at any time thereafter, it is irrevocably and absolutely agreed and understood that delivery of the service takes place within the USA.
- USER CONDUCT
Positively Creative Solutions, LLC’s Self-Service Website service may only be used for lawful purposes. Any use of the service which violates any local, state, federal, or international laws which may apply to Positively Creative Solutions, LLC, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. We will not edit, censor, modify or otherwise control or contribute to your content. However, we reserve the right to discontinue service to anyone at our complete discretion and without prior notice. Without limiting Positively Creative Solutions, LLC’s right to discontinue service to anyone at our sole discretion, while using the service, you may not:
- Restrict or inhibit any other user from using and enjoying the Internet;
- Post or transmit any unlawful content;
- Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
- Post, store, publish, transmit, reproduce, or distribute individually identifiable health information or otherwise violate the USA Health Insurance Portability and Accountability Act (HIPAA) and The Patient Safety and Quality Improvement Act of 2005 (PSQIA) or the privacy protection equivalent of these USA laws adopted in any other relevant jurisdiction.
- Claim or identify Positively Creative Solutions, LLC as User's "Business Associate" under HIPAA.
- INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Positively Creative Solutions, LLC from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Positively Creative Solutions, LLC, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your use of the service including but not limited to domain name selection and your website’s content.
- REFUSAL OR DISCONTINUANCE OF SERVICE
Positively Creative Solutions, LLC reserves the right to refuse or discontinue service to anyone at Positively Creative Solutions, LLC’s sole discretion. Positively Creative Solutions, LLC may deny you access to all or part of the service without notice if you engage in any conduct or activities that Positively Creative Solutions, LLC in its sole discretion believes violates any of the terms and conditions in this agreement. Positively Creative Solutions, LLC shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Positively Creative Solutions, LLC has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Positively Creative Solutions, LLC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
- NO WARRANTIES
Positively Creative Solutions, LLC makes no warranties or representations of any kind for the service being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Positively Creative Solutions, LLC or its agents or employees shall create a warranty. Positively Creative Solutions, LLC provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Positively Creative Solutions, LLC be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your website, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Positively Creative Solutions, LLC’s service or any of its terms, conditions, rules, policies, guidelines, or practices your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on your Self-Service Website that such information becomes available to all Internet users and that Positively Creative Solutions, LLC has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Positively Creative Solutions, LLC’s Self-Service Websites Subscription service and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Positively Creative Solutions, LLC or on the Internet generally.
- ECPA NOTICE
Positively Creative Solutions, LLC reserves the right to monitor any and all communications through or with our services. You agree that Positively Creative Solutions, LLC’s Self-Service Website service is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
- IDENTIFICATION INFORMATION
You agree that you, as the person legally responsible for the use of the service, are at least 18 years of age. You agree to supply Positively Creative Solutions, LLC with a current and truthful name, postal address, and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
- NO INTERFERENCE WITH OPERATION OF SERVICE
You agree not to maliciously or intentionally interfere with the proper operation of the service or underlying systems, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by Positively Creative Solutions, LLC including restrictions on the services available, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service provided by Positively Creative Solutions, LLC. You agree to abide by any and all future Positively Creative Solutions, LLC policy decisions.
- SECURITY
You agree that the security of your website is solely your own responsibility. You further agree that if you believe the security of your website has been compromised in any way, you will notify Positively Creative Solutions, LLC immediately in writing by registered mail, with return receipt, to Positively Creative Solutions, LLC, P.O. Box 351, Alton, NH, 03809-0351. You shall be held fully responsible for any misuse or compromise to your website for which Positively Creative Solutions, LLC is not properly notified. You agree not to provide or share access to your website’s username and password with any third party, and that you are responsible for any use of your website by any party to whom access has been provided. You agree that you are responsible for the actions of any party which accesses your website using your username and password. You agree that if any security violations are believed to have occurred in association with your website, Positively Creative Solutions, LLC has the right to suspend access to it pending an investigation and resolution. You also agree that Positively Creative Solutions, LLC has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our services to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
- HIPAA NOTICE
Positively Creative Solutions, LLC is not a "Covered Person" nor a "Business Associate" under HIPAA and has not agreed to be bound by the extraordinary privacy and security statutes and rules adopted with respect to medical records and related data. It is considered an abuse of our service for anyone to upload data which are subject to the HIPAA privacy and security standards.
- BACKUP OF DATA
Your use of the service is at your sole risk. Positively Creative Solutions, LLC is not responsible for the content residing on your website. You agree to take full responsibility for all content, files, and data that comprise your website and to maintain all appropriate backup of content, files, and data stored on your website.
- TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Positively Creative Solutions, LLC or any other service with reference to services obtained through Positively Creative Solutions, LLC, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Positively Creative Solutions, LLC, or any other party or parties resulting from any such conduct.
- PAYMENT
You agree to supply appropriate payment for the service received from Positively Creative Solutions, LLC, in advance of the time period during which such service is provided. Payment for the service is handled via Positively Creative Solutions, LLC’s business PayPal account using PayPal’s subscription and recurring billing services. You agree to keep the credit card information up-to-date on your PayPal account and that if a recurring payment for the service fails your website’s operation is subject to suspension without notice. You agree that until and unless you notify Positively Creative Solutions, LLC of your desire to cancel your subscription, the service will be billed on a recurring basis according to the service term you selected when you initially subscribed to the service. Positively Creative Solutions, LLC agrees that pro-rated refunds for unused time periods, effective at the end of the calendar month in which the notice is received, will be provided upon request, in the event of the cancellation of your subscription. In the event of recurring payment failure, refused credit cards, insufficient credit, or other issues your access to the service, your website’s operation, and access to any e-mail(s) on your domain, will be suspended until you update your credit card information in your PayPal account for your subscription and the recurring payment is successfully processed.
- PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with Positively Creative Solutions, LLC or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
- SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
- APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the State of New Hampshire, USA ("New Hampshire") and the United States of America. Customer agrees that all services provided by Positively Creative Solutions, LLC shall be deemed to have been requested and provided in Belknap County, New Hampshire. Customer further agrees that the Belknap Superior Court of Belknap County, New Hampshire, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by Positively Creative Solutions, LLC. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
- ADDITIONAL TERMS FOR USE OF SHARED HOSTING SERVICES PROVIDED BY pair Networks, Inc. (pair Networks)
- Customer shall comply with pair Networks’ End User Agreements:
- Customer waives any claims against pair Networks for any harm or financial damages whether direct, indirect, incidental or consequential and further agrees that there are no warranties express or implied with respect to pair Networks’ Services, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
- ACKNOWLEDGEMENT
By subscribing to the service and placing and continuing to maintain or place information on your Self-Service Website you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.