Terms and Conditions of Service

Last update: March 2002

This Terms and Conditions of Use Agreement (the "Agreement") controls your referred to as "Customer," "you," or "your") use of BLOWSQUISH web site hosting and related services. Any or all of these services, including the software that may be provisioned to you by BLOWSQUISH as part of your use of the services whether BLOWSQUISH Proprietary software or third party software (collectively "BLOWSQUISH software"), are referred to as the BLOWSQUISH Services" or "the Services." In this agreement you and BLOWSQUISH may be collectively referred to as "the parties."

Please read this Agreement in its entirety. By downloading BLOWSQUISH software or using the Services or software, you agree to be bound by this Agreement and other user policies and agreements BLOWSQUISH may establish from time to time including the BLOWSQUISH Acceptable Use Policy. If you do not wish to be bound by this Agreement and the other BLOWSQUISH policies, please do not use BLOWSQUISH Services.

This Agreement is effective as of the Customer account creation date (the "Effective Date") between the Customer and BLOWSQUISH. BLOWSQUISH agrees to provide hosting services and Customer agrees to accept and utilize BLOWSQUISH's service according to the terms of this Agreement and the Order Form (if applicable) which has been executed by the parties and attached hereto.

1. Service. You must be at least eighteen (18) years of age to subscribe to BLOWSQUISH's Service. Customer is responsible for all use of Customer's account and maintaining the confidentiality of Customer's password(s). BLOWSQUISH will suspend access or change access to Customer's account upon notification by Customer that his or her password has been lost, stolen or otherwise compromised. Customer may not transfer or give out its password to third parties, and Customer shall remain liable for all charges incurred for use of the Services. BLOWSQUISH shall not be liable for any usage or charges prior to BLOWSQUISH making the necessary account alteration.

2. Technical Support. BLOWSQUISH will provide technical support consulting services via telephone, electronic mail ("e-mail") and facsimile to assist in verifying the account features of BLOWSQUISH's intended functionality of the Customer's server and hosting Service ("Technical Support"). The account features include various products produced by third party vendors. The Technical Support staff can assist with the setup and configuration of the server and third party products; however, the usability, custom configurations, coding and troubleshooting fall under the support offerings of the third party vendor so Technical Support will be unable to assist with the aforementioned offerings.

Technical Support does not serve as a consultant to correct and rewrite programming code and scripting-related issues. Only BLOWSQUISH-created Services and non-Customer configured Services will be supported to this extent. No e-mails from BLOWSQUISH, including Technical Support e-mail, may be resent, distributed or posted on any media accessible to the public (including, but not limited to, any Internet site or bulletin board) by Customer, without BLOWSQUISH's prior written consent. Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support functions or Services, including, but not limited to, maintenance or repair of Customer's hardware or custom configurations to the server.

Technical Support will be provided only to either Customer or Customer's technical or administrative contact. If Customer requires technical assistance beyond the conditions set forth above and BLOWSQUISH determines that it has the technical resources for assistance, Customer shall be charged at BLOWSQUISH's standard hourly rate. The hourly rate will be applied to Services not designated as Technical Support, as defined above, or for any Technical Support provided to someone other than Customer or Customer's technical or administrative contact. Prior to requesting support services from BLOWSQUISH, Customer or Customer's technical contact agrees to ask BLOWSQUISH's Technical Support personnel if the requested support services qualify as Technical Support.

Technical Support hours are 9am. - 9pm. Monday through Friday, except on nationally observed holidays, Christmas Eve, during departmental meetings, or when no, or limited support hours may be provided, of which Customer will be notified in advance. Technical Support hours are subject to change.

3. Equipment and Utilities. Customer shall provide its own computer and telecommunications equipment necessary to access the Service. Customer shall provide BLOWSQUISH read and write access to Subscriber's equipment. Customer is solely responsible for all local, toll, and long-distance telephone charges for connecting to the Service. BLOWSQUISH shall have no responsibility for any charges or tariffs related to any Customer telephone connection or on-line Services of any entity accessed by or for Customer.

4. Required Equipment. Customer shall be solely responsible for the full cost of all required equipment, software and configuration as well as any additional equipment Customer wishes to utilize. BLOWSQUISH shall have no obligation or liability in connection with any equipment not purchased through BLOWSQUISH and configured by BLOWSQUISH, or for any abuse or misuse of any equipment by any party other than BLOWSQUISH. BLOWSQUISH shall pass through to Customer any warranties from the manufacturers of equipment purchased through BLOWSQUISH and installed at Customer's premises. BLOWSQUISH shall have no obligation to repair or maintain any equipment at Customer's premises, and Customer shall be responsible for seeking warranty and other Services directly from the manufacturer.

5. Term. This Agreement shall be effective on a calendar month-to-calendar month basis or a specific term length as set forth in an order form, written request, verbal request or electronic transmission beginning on the Effective Date and continuing until terminated as provided herein. This Agreement may be revoked by BLOWSQUISH in accordance with the terms herein at any time prior to the Effective Date.

6. Termination by BLOWSQUISH / Acceptable Use. BLOWSQUISH, in its sole business judgment, may terminate this Agreement immediately and without prior notice or immediately suspend Customer's access to the Service upon any breach of either this Agreement or BLOWSQUISH's Acceptable Use Policy (available on the BLOWSQUISH web site) by Customer, including, but not limited to, (a) refusal or failure to pay for Service or (b) by sole judgment of BLOWSQUISH that Customer may be performing activities harmful to BLOWSQUISH or its other Customers, employees, vendors, business relationships or other users of the Internet, including but not limited to, spamming; harassment; falsifying information; defamation; violating a third party's privacy; infringing a third party's intellectual property rights; or hacking or other effort to gain unauthorized access to any server, directory, or account information. BLOWSQUISH may also terminate this Agreement without cause at any time upon thirty (30) days prior Notice.

Unauthorized use of the BLOWSQUISH Services in connection with the transmission of unsolicited bulk e-mail ("SPAM"), including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) BLOWSQUISH's response to a first spamming offense is to either terminate the account immediately or advise and educate the Customer through an e-mail warning and/or phone call, in BLOWSQUISH's sole discretion. A minimum $100 (One Hundred U.S. Dollars) per hour spam handling fee will be charged to Customer's account for all valid complaints, as determined by the BLOWSQUISH Abuse Team.

7. Termination by Customer. Customer may terminate this Agreement if month-to-month, upon forty-five (45) days prior notice and full payment of all subscription fees through the end of the notice period. Term accounts may only be canceled by paying a cancellation fee equal to seventy-five percent (75%) of the remaining contract balance and by making payment of any outstanding telecommunications charges related to the establishment, maintenance and cancellation of Service to the Customer. Notwithstanding anything to the contrary in this Agreement, if BLOWSQUISH breaches any material term of this Agreement and such breach continues for ten (10) business days after Customer has notified BLOWSQUISH, you may immediately terminate this Agreement.

8. Data. Customer understands and agrees the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to BLOWSQUISH. BLOWSQUISH has no input whatsoever as to the content of Internet data accessed via the Service. Customer is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED "AS IS" AND AT CUSTOMER'S OWN RISK.

9. Illegality/Adult Content Policy. BLOWSQUISH neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. BLOWSQUISH reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by BLOWSQUISH are an appropriate recompense to BLOWSQUISH for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, BLOWSQUISH will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

10. Limited Warranty/Security. BLOWSQUISH warrants only that it shall, subject to the terms and conditions of this Agreement, provide Customer the Service. CUSTOMER AGREES THAT THE SERVICE IS BEING PROVIDED "AS AVAILABLE" AND "AS IS," WITH ALL FAULTS ACCEPTED. BLOWSQUISH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. BLOWSQUISH FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM. BLOWSQUISH DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT AND ACTIVITY. IT IS THE CUSTOMER'S SOLE RESPONSIBILITY TO PERFORM ANTI-VIRUS SCANS, SECURE THE CONTENT OF HOSTED SITES AGAINST HACKERS AND OTHER SECURITY INTRUSIONS (INCLUDING PROTECTION OF CREDIT CARD OR PERSONAL INFORMATION BELONGING TO CUSTOMER'S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY BE HARMFUL OR OFFENSIVE CONTENT ON YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE INTERNET. YOU MUST DETERMINE THE SUITABILITY OF THE BLOWSQUISH SERVICES FOR THE AFOREMENTIONED TASKS, GIVEN YOUR PARTICULAR USE OF THE INTERNET. IF THE SERVICES, AS PROVISIONED, DO NOT ENABLE YOU TO FULFILL THESE RESPONSIBILITIES, IT IS YOUR RESPONSIBILITY TO SECURE PRODUCTS OR SERVICES, AT YOUR EXPENSE, THAT PERMIT YOU TO MEET THESE SECURITY OBLIGATIONS.

11. Limitation of Liability. Each party specifically agrees that, in no event, shall either party's liability as a result of this Agreement and the provision of Service hereunder, exceed Customer's monthly fee for any single month during which any claim of liability arose or the amount paid for any term Agreement. Neither party shall have liability whatsoever for any indirect, special, incidental, consequential or punitive damages of any kind, including but not limited to, lost revenue and lost profit.

12. Compliance and Indemnification. Customer agrees to use the Service in compliance with all applicable laws, and to host files or content, if at all, only with the consent of the copyright, trademark, domain name, or patent owner. Customer shall be charged for all costs incurred by BLOWSQUISH, including reasonable attorney fees, for any claim, loss, or damage arising out of Customer's use or misuse of the Internet or the Services. Customer specifically agrees to defend, indemnify, and hold harmless BLOWSQUISH, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Customer under this Agreement or its use of the Service. BLOWSQUISH specifically agrees to defend, indemnify, and hold harmless Customer, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of BLOWSQUISH under this Agreement or its use of the Service.

13. Personal Files/E-mail Inbox. BLOWSQUISH is not responsible for back ups of Customer's personal files or other information. BLOWSQUISH reserves the right to delete Customer information and files upon termination of the Service. Any IP addresses assigned to Customer are considered loaned by BLOWSQUISH and will revert back to BLOWSQUISH after cessation of the Service. E-mail inboxes have size limits set by BLOWSQUISH. Once that size limit is reached or exceeded, Customer will receive notification, and no more e-mail will be delivered to that inbox until the size of the inbox is reduced by Customer to below the limit for that account.

14. Privacy. Privacy issues are governed by BLOWSQUISH's Privacy Policy, and that document should be consulted for any questions you may have about how BLOWSQUISH uses your Customer information. You are required to develop and post a privacy policy on your web sites to the extent you gather any personal information from your customers or from visitors to your site.

15. Governing Law and Venue. This Agreement shall be construed under the laws of the State of New York. Federal and state New York courts shall have jurisdiction and venue over this Agreement and the parties, and the exclusive venue for all litigation hereunder shall be commenced and maintained in New York.

16. Notice. Notice to BLOWSQUISH shall be in writing and delivered by hand, e-mail, facsimile, or, if sent by certified mail, return receipt requested, or a nationally recognized overnight delivery service that keep records of deliveries and attempted deliveries (such as FedEx). It is imperative that BLOWSQUISH be able to contact Customer at all times. Customer must promptly advise BLOWSQUISH of any changes to his, her or its contact information, including mailing and e-mail addresses and phone number. Failure to do so constitutes grounds for immediate termination; moreover, any notices from BLOWSQUISH to Customer sent to Customer's last known e-mail address as provided by Customer to BLOWSQUISH shall be deemed effective even if Customer has failed to provide updated information to BLOWSQUISH.

17. Payment/Taxes. Customer shall pay BLOWSQUISH for all charges listed on BLOWSQUISH's invoice, including all shipping and handling charges and other charges incidental to the provisioning of the Services. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, Subscriber agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Subscriber agrees to pay the highest rate allowed by law. In addition, Subscriber agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Subscriber agrees to execute financing statements and other instruments at BLOWSQUISH's request. A $20.00 (Twenty US Dollars) collection fee will be charged for all dishonored checks. Any tax liability arising from Customer's use of the Service (other than taxes on BLOWSQUISH income) will be Customer's responsibility. Customer will pay all sales and use taxes relating to the Service, as well as all duties or levies on Products and Services.

(a) Payment Terms. Unless otherwise subscribed or agreed, payment of the selected Service is due monthly on the first day of each calendar month for the Hosting Service to be rendered during the upcoming month and/or for any service provided in previous or ending month. BLOWSQUISH reserves the right to adjust its fees for Service hereunder at any time in the event BLOWSQUISH experiences a rate increase from its telecommunications supplier. However, if Customer has signed a term agreement, BLOWSQUISH's pricing will remain constant for the agreed-to term.

BLOWSQUISH is not responsible for the pricing of any phone company service fees whether billed directly to Customer by the phone company or through BLOWSQUISH on behalf of the phone company. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE IN ADVANCE, ON OR ABOUT THE ANNIVERSARY DATE OF THE SERVICE FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $25 (Twenty Five US Dollars) will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for nonpayment. Payment is late after the fifth (5th) calendar day of the month. BLOWSQUISH may change any fee, rate, or plan upon thirty (30) days' notice. Refunds, if any, from termination or cancellation of term or prepaid accounts are only available as if the Customer were a month-to-month Customer, and will not be based on the discount the Customer may have received for prepaying the account.

(b) Payment Method. CUSTOMER HEREBY AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY INTERLAND AFTER NOTICE TO CUSTOMER. Payment may be made by check or purchase order only by key accounts and only upon prior authorization by BLOWSQUISH. Customer additionally authorizes periodic verification of credit worthiness. BLOWSQUISH, in its sole discretion and judgment, may discontinue credit at any time without notice.

18. Force Majeure. BLOWSQUISH shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, or any third party telecommunications or Internet connectivity providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the reasonable control of BLOWSQUISH.

19. Waiver; Severability. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of this Agreement is stricken as unenforceable, the rest of the Agreement shall remain in full force and effect.

20. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Customer without the prior express written consent of BLOWSQUISH. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of BLOWSQUISH, and permitted assigns of Customer. This Agreement is assignable by BLOWSQUISH provided BLOWSQUISH gives Customer written notice of such an assignment and the assigning party(ies) is/are capable of performing all of BLOWSQUISH's obligations hereunder.

21. No Resale. The Service provided hereunder is limited to Customer and may not be resold in any manner whatsoever unless Customer selects a reseller plan and BLOWSQUISH provides written acceptance of Customer's selection of a reseller plan.

22. Modification or Amendment to Agreement. This Agreement may be amended or modified from time to time upon Notice to Customer in BLOWSQUISH's sole discretion. This Agreement shall not be supplemented or modified by any course of dealing or other trade usage.

23. Entire Agreement. These terms and conditions constitute the entire Agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by BLOWSQUISH at any time without notice, so please check back frequently to review changes. Any changes or amendments to this Agreement shall be set forth at www.BLOWSQUISH. This Agreement may not be amended by Customer unless the amendment is approved by both parties in writing. Any questions about this Agreement should be directed to webmaster@BLOWSQUISH

Click here for a pdf version of BLOWSQUISH's Terms and Conditions of Service



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Terms of Use

BLOWSQUISH operates and maintains this site from our offices in the United States of America. This site has been created for information, education, and communication purposes along with your personal entertainment. We want to make your visit to our site an enjoyable one, so take your time and browse. Please be aware that access to this site from territories where its contents are illegal is prohibited. By accessing this site, you are agreeing to be bound by these Site Terms of Use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to BLOWSQUISH's Internet site shall be governed by the laws of the State of New York.

Applicable copyright and trademark law protects the materials contained on BLOWSQUISH's Internet site. Please review BLOWSQUISH's Copyright and Trademark pages for additional details.

Use License
Permission is granted to temporarily download one copy of the materials (information or software) on BLOWSQUISH's Internet site for personal, noncommercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (1) modify or copy the materials; (2) use the materials for any commercial purpose, or for any public display (commercial or noncommercial); (3) attempt to decompile or reverse engineer any software contained on BLOWSQUISH's Internet site; (4) remove any copyright or other proprietary notations from the materials; and (5) transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BLOWSQUISH at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer
THE MATERIALS ON BLOWSQUISH'S INTERNET SITE ARE PROVIDED "AS IS." BLOWSQUISH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND BLOWSQUISH DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, BLOWSQUISH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

Limitations
IN NO EVENT SHALL BLOWSQUISH OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON BLOWSQUISH'S INTERNET SITE, EVEN IF BLOWSQUISH OR A BLOWSQUISH AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Revisions and Errata
The materials appearing on BLOWSQUISH's Internet site could include technical, typographical, or photographic errors. BLOWSQUISH does not warrant that any of the materials on its Internet site are accurate, complete, or current. BLOWSQUISH may make changes to the materials contained on its site at any time without notice. BLOWSQUISH does not, however, make any commitment to update the materials.

Links
BLOWSQUISH has not reviewed all of the sites linked to its Internet site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BLOWSQUISH of the site. Use of any such linked site is at the user's own risk.

Site Terms of Use Modifications
BLOWSQUISH may revise these terms of use for its Internet site at any time without notice. By using this site you are agreeing to be bound by the then current version of these Terms of Use.

Click here for a pdf version of BLOWSQUISH's Terms of Use



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