Terms of Service

This is an agreement between you and pivotplusdesign and associated partners (hereafter the service providers), regarding your use of the service provider's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which our supplier makes the services offered by the service provider available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “pivotplusdesign " web hosting or similar services. Under this Agreement, you must comply with the service provider's then current "Acceptable Use Policy," as updated from time to time by the service providers, which can be viewed at: http://www.pivotplus.com/hosting-terms.php

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. The service providers will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

2. The service providers services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The service provider expressly disclaims any representation or warranty that the service providers services will be error-free, secure or uninterrupted. No oral advice or written information given by the service provider, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

3. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that the service provider reserves the right to change the specified rates and charges from time to time.

4. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting any content via the hosted service. The Account Holder is responsible for security of its password. The service provider will not change passwords to any account without proof of identification, which is satisfactory to The service provider, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes the Account Holder, the Account Holder understands that the service provider will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will the service provider be liable for any losses incurred by the Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless the service provider from any and all claims arising from such ownership disputes. The terms of this section will survive any termination of this Agreement.

5. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of the service provider.

6. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. The service provider has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current service providers Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by the service provider, the service provider may terminate the services being provided to the Account Holder.

7. The service provider will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall the service provider be liable to the Account Holder for any damages resulting from or related to any failure or delay of the service provider in providing access to the Internet under this Agreement. In no event shall the service provider be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of the service provider under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

8. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A service providers account may not be transferred without prior written approval from the service provider. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the the service provider services, including any damages resulting there from, until the Account Holder notifies the service provider's customer service.

9. If the service provider assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the service providers services, the right to use that Internet Protocol address will remain with and belong only to the service provider, and the Account Holder will have no right to use that Internet Protocol address except as allowed by the service provider in its sole and absolute discretion.

10. This Agreement constitutes the entire agreement between the Account Holder and the service providers with respect to the service providers services and supersedes all prior agreements between the Account Holder and the service providers. The service provider's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will 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 will remain in full force and effect. The terms of this section will survive any termination of this Agreement.

11. The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in a location of which is the decision of the service providers. The arbiter shall be non-biased, and shall be selected by mutual agreement of the parties unless the parties fail to agree on a specific arbitrator within one week of either party requesting for arbitration to be scheduled, in that event, the appropriate legal body shall appoint a specific arbitrator. Either party shall pay 50% of the total cost of arbitration in advance prior to the scheduling of arbitration. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

12. The Account Holder agrees to indemnify and hold the service provider harmless from any and all claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and the service providers will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

13. the service providers may include the Account Holder's name and contact information in directories of the service provider service subscribers for the purpose promoting the use of the services by additional potential clients. However, the service provider is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

14a. With the provision of 14b, the interpretation and enforcement of this Agreement shall be governed according the laws of the state of Western Australia and the federal laws of Australia applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Albany, WA for any action arising out of or relating to the Account Holder's use of the the service providers services. The federal and provincial courts of Albany, WA will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

14b. Where a dispute arrises between the Account Holder and the service providers, that is not covered by this agreement, and/or where pivotplusdesign can clearly be identified as the sole provider of products or services relating to the dispute, then the interpretation and enforcement of this Agreement shall be governed according to the laws of the state of Western Australia (excluding its choice of law rules) and the federal laws of Australia applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Albany, Western Australia for any action arising out of or relating to the Account Holder's use of the the service providers services. The federal and provincial courts of Albany, Western Australia will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

15. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

16. Refunds. Account holders can receive a refund if account is cancelled within the initial 30 days after sign up. The refund will be minus the equivalent of 1 months portion of the annual fee (ie. 1/12th). If the account holder cancels after the time period specified, there will be no refund given.

17. The service providers may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges, relevant to hosting or any other service or product provided by the service provider when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

18. If an account holder's account becomes overdue, the account will be suspended. The service provider reserves the right to charge Interest that will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.

19. If an account holder charges back for services rendered, the customers account will be terminated and a $150.00 charge back fee will be added to the amount charged back by the customer.

20. If an account holder's account is overdue for 90 days, the service provider reserves the right to hand over the account to an outside collection agency. At that time the account holder will incur a $50.00 collection fee added to the balance previously due.

21. If an account is found to be in violation of the terms of service it will be terminated immediately and all the service provider reserves the right to consider all payments forfeited.

22. For closed accounts there is a $25 per incident charge for all inquiries regarding previous services and or support.

23. Cancellation. In order to cancel an account with the service provider the account holder must complete advise in writing to info@pivotplus.com of the intention to close the acount. Notification must be submitted no later than 3 days prior to the renewal date of the account.

25. Right of refusal. The SERVICE PROVIDERS have the right to refuse services to anyone.

Acceptable Use Policy (AUP)

By using pivotplusdesign and associated partners (hereinafter the service providers) web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Our Terms and Conditions of Use policy is one of zero tolerance. We reserve the right to immediately discontinue services without liability, refund or continuance of any prepaid service fees. The following are unacceptable uses: Illegality in any form, including but not limited to activities such as unauthorized distribution or copying