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Terms of Service
Our clients agree to the following TOS when they place a website or service order. Check back on this page for updates to this TOS, and contact us to terminate service if at any time you do not agree to all of the terms and conditions contained herein.
By ordering a web site or programming services from Grassfrog Technologies LLC ("Grassfrog"), you as our client ("Client") agree to the following terms and conditions of service.
- Grassfrog offers web sites and marketing services on a month-to-month, quarterly or annual basis with no long term commitment or obligation.
- To cancel Client's hosting plan at any time, simply contact us via email or our website to submit your cancellation request. When Grassfrog receives notification that Client intends to cancel Client's hosting, we will terminate Client's billing and set Client's website to expire at the end of its current term. Please note that Grassfrog do not pro-rate unused time on our hosting plans, except in the case of annual hosting renewals when Client contacts us within 15 days of their annual renewal (in which case hosting would be prorated at the rate of $1.75 per day from the date of cancellation and a $35 administration fee will be assessed to cover banking fees).
- If a website or upgrade is cancelled before it is created, an $25 administrative fee is assessed for cancellation. If a website or upgrade is cancelled after it is created, Client is not eligible for any refund of setup or upgrade fees.
- If at any time Client's hosting payment does not go through, we will notify Client once via e-mail with 48 hours allowed to respond and remedy with payment. During this period, Client's domain will be deactivated. If payment is not rendered in a timely manner, Client's account may be terminated.
- If Client's hosting subscription through PayPal is terminated for any reason, Client will need to resubscribe through PayPal or contact Grassfrog to set up direct billing. In either case, Client will be subject to our current hosting rates, and an administrative fee of $25 will be assessed on Client's account.
- Since PayPal notifies their users when their billing information is out of date, it is the responsibility of our PayPal users to keep their billing and contact information current on their PayPal accounts. Failure to resubscribe for website hosting may result in termination of services, and direct billing for any time used past the paid PayPal subscription dates.
- If Client's credit card payment fails multiple times on a auto-billed hosting plan, we will contact Client via e-mail to resolve the payment issue. Since our merchant bank charges us for payment failures, we pass these along to Client, either as a single administrative fee ($25) or a fee per occurrence (not to exceed $5 per failure), whichever is greater. After 4 failures, Client's billing account and services may be suspended until the billing issue is resolved.
- Billing accounts are due when invoiced, and will incur a late charge after 7 days. Checks returned by the bank for NSF will incur a fee of $50 in addition to the late fee.
- If you have set up an automated billing account for your hosting, you authorize Grassfrog Technologies to charge your credit card on or any day after the date due. If for some reason the charge fails to process, you authorize us to re-run that charge at any time, without notification or further approval required.
- When you pay an invoice online or provide us with a credit card for billing, you are authorizing Grassfrog Technologies to charge your credit card for the amount invoiced and for ongoing annual or monthly hosting charges until we receive written notice of your intent to cancel services. You further agree not to dispute any authorized charges through your credit card company when payment is made. In the event of a chargeback complaint, client agrees to pay an additional fee of $200 which will cover our costs of researching and disputing the chargeback complaint.
- It is your responsibility as our client to keep us informed of your current contact information. If at any time we are unable to reach you regarding your website, we reserve the right to suspend or terminate your services without notice or refund.
- Unless we have registered a domain name on your behalf, is your responsibility to keep your domain contact information current with your registrar and to renew your domain name promptly (or set it to automatically renew each year). If your site goes down because you let your domain name expire, contact your registrar to get it renewed (or re-register it through LikeName.com if it has already been released to public sale). Once you have renewed your domain, your site should automatically come back up.
- Past due balances on deactivated or terminated accounts may be charged to existing billing accounts, and may be subject to collections if over 30 days past due, making them subject to both late fees and collection costs. Furthermore, sites that are under suspension or termination for past due fees may have a collections notice posted directly on the website's home page until the account is brought current.
- URLs for terminated or cancelled accounts are set to 404 or to forward to our main site address. If Client does not want their URL to forward, it is Client's responsibility to move their DNS servers to another host provider, or to remove their DNS settings.
- Domain specific e-mail accounts are provided with every account. The number of e-mail addresses provided depends upon the hosting plan. Website contact forms are set to go to your assigned domain-specific e-mail account (generally in[email protected]) and must not be routed to any other address.
- E-mail account holders are subject to standard anti-spam protocol. We take spam complaints very seriously and reserve the right to terminate Client's e-mail account at any time for spam violations. If Client's e-mail account is terminated, Client may apply for it to be reinstated or for a new e-mail to be created by .
- Grassfrog provides a proprietary content management system (CMS) for our clients to use free of charge, and supports our clients' use of the CMS through free email-based technical support. For this reason, your use of our CMS is subject to the terms and conditions contained herein, and may not be delegated to anyone outside of your company. We issue your username and password for the CMS when we build your website - you are responsible for keeping this information secure and not sharing your password with any unauthorized party. If you decide to change your password for any reason, you must notify us within 24 hours of making that change. Violation of this clause is grounds for immediate revocation of access to the CMS, and may be reinstated upon written request, provided client provides confirmation in writing that their password and system access will remain secure.
- Marketing content that we provide is copyrighted to Grassfrog Technologies LLC. We grant our clients a limited license to use this content on their websites for the duration of their hosting term. Our content may be used by our clients only as long as their websites are hosted by Grassfrog Technologies, and may not be copied, moved or transferred to a website with another provider without prior written permission. Because copyright infringement is taken seriously, and is not allowed under the terms of this agreement, Client agrees to pay Grassfrog damages for the unpermitted use of copyrighted pages at the rate of $5 per page per week, and will, upon request, remove those pages from their website promptly and without delay.
- All hosted web sites require a link back to our web site and in the case of template design or canned content, must maintain our copyright footer on them. Joint copyright notices are permitted. If Client would like to order a web site without our copyright footer, contact us for special terms and pricing.
- Some of our template designs utilize images which require a link credit back to the photographer. For this reason, credit links may not be removed from the site without permission.
- Clients are prohibited from posting illegal or objectionable content on their web site, including but not limited to racist or hate-based content, pornography, stolen material, or libel.
- Domain registration is done on an annual basis. When Client's domain registration becomes due, we will notify Client. If Client do not renew Client's domain name, either through us or by transferring the name to Client's own registrar account, we will, at our option, either renew the name at our own cost (thus assuming ownership of the same), or let the name expire. You agree to hold us harmless for actions taken with regards to domain name registration and ownership.
- If Client request that we register a domain name for Client, Grassfrog will so, under one of our company accounts. Client domain names may be transferred to Client's own account at any time as long as Client's billing account is current and Client's domain is still active. To initiate a domain transfer, simply requesting a transfer through any domain registrar. Standard transfer fees apply.
When we receive this request from the registrar, we will confirm it with Client and then approve it with the registrar. To speed up this request, simply e-mail us at the same time Client initiate the transfer.
- Unless Client has paid Grassfrog specifically to backup Client's web site and/or database files, Client agree to take all responsibility to keep a backup of their web site images and content on their personal computer or offsite backup service. In the event of a server crash or other unforeseen issue, it is Grassfrog's responsibility to restore the web site shell with standard content, and it is Client's responsibility to restore Client's specific web site content.
- All hosting accounts come with specific storage and bandwidth limitations. Bandwidth overage will be billed at the rate of $25 per GB for the first GB used and $15 per GB for any additional bandwidth used. If your site exceeds it monthly bandwidth, it may be put on hold until the current month remainder of the current month passes, unless you upgrade your website. You may purchase additional bandwidth by upgrading your hosting plan. In the event of traffic overflow, site owners will be notified and given the opportunity to upgrade their bandwidth. Use of external traffic generation software intended simply to generate artificial traffic to Client's website is prohibited and may be grounds for suspension and/or termination.
- You agree to limit our liability for any interruptions of service, whether due to technical issues or any other reason, to the calculated value of the hours of downtime in excess of 72 hours, expressed in real value at our standard hosting rates. The 72 hour limit does not apply in the case of natural disasters, acts of God or national emergencies. Furthermore, all clients agree to initiate and handle any arbitration or litigation within the jurisdiction of Potter county, in the state of South Dakota.
- Technical support, including telephone calls for support and any call-based training, is available on a fee basis at the rate of $30 per session or $150 per hour. To order technical support, please visit our support area. We issue support vouchers for tech support time that is ordered but not used. Support vouchers expire within 6 months or at the end of the calendar year in which they are issued (whichever comes later).
- In the event that technical support is provided without pre-payment, such support will be billed upon delivery with payment due within 48 hours. Site owners with outstanding bills for technical support provided may be subject to website suspension until the outstanding balance is paid or deducted from Client's hosting balance.
- We reserve the right to terminate Client's hosting account for any reason. Most commonly, this right would be exercised in the case of a TOS violation (e-mail abuse, posting of illegal or offensive content on Client's web site), inability to contact the domain customer, refusal to abide by the Terms of Service, or for accounts in arrears. Accounts cancelled for TOS violations are not eligible for refunds of hosting or other fees.
- In the event that any of our terms of service change, the new TOS will be posted on this page. It is Client's responsibility to check back on this page periodically for updates to our terms and conditions of service.
- By signing up for a website, and by making ongoing payments for hosting, Client explicitly agree to all of the terms and conditions listed herein. If at any time Client do not agree to these terms and conditions, it is Client's responsibility to terminate this agreement and their hosting plan.
Notwithstanding the foregoing limitations, in no event will the total and cumulative liability of Grassfrog Technologies LLC for damages incurred under this Agreement to any single client exceed the greater of one month's hosting or twenty-five dollars U.S. (US $25.00).
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