CodeMoose Terms and Conditions
THE SUBMISSION (INCLUDING, WITHOUT LIMITATION, CLICKING THE “CONTINUE”, “CHECKOUT”, AND/OR
“SUBMIT” BUTTON IN THE ORDER FORM ON THE CodeMoose™ WEB SITE) OF THE CUSTOMER'S ORDER WILL
CONSTITUTE THE CUSTOMER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS.
This agreement (“Terms and Conditions”), in addition to any other specific agreement between
CodeMoose LLC (“CodeMoose™”) and the customer (“the Customer”), represents the complete
understanding and agreement between CodeMoose™ and Customer. This Terms and Conditions agreement
supersedes any other written agreement including, without limitation, digitized, computerized,
oral agreement, and/or agreement by conduct, except when expressly agreed to the contrary in
writing by CodeMoose™.
Upon notice published on CodeMoose™ web site, CodeMoose™ may change or discontinue any provision
of this Terms and Conditions agreement from time to time, including, without limitation, all
services provided by CodeMoose™, pricing, equipment, services and products. Any such change or
discontinue of any provision will legally bind the Customer from the time CodeMoose™ publishes
notice of the change on the CodeMoose™ Web Site. It is the Customer's sole responsibility to
ensure that the Customer is up to date on the most current version of the Terms and Conditions
agreement.
In accordance with the Terms and Conditions, CodeMoose™ will provide services to the Customer in
exchange for fees and full compliance with the following Terms and Conditions:
CodeMoose™ Services Defined. " CodeMoose™ Services" include, without limitation, the following:
any act by CodeMoose™ of serving the Customer regardless of duration and whether or not paid for;
any act of setting up, connecting, maintaining, terminating, or reconnecting the "Customer's
Account" (see section 1.b.);
any use by the Customer of computing, telecommunications, software, information, hardware, and
equipment provided by CodeMoose™;
any act, or provision of any service, by CodeMoose™ related to web hosting (including, without
limitation, server usage and technical support);
any provision by CodeMoose™, and any use or occupation by the Customer, of space, Internet
connectivity, or electrical power;
any access to computing, telecommunications, software, information, hardware, and equipment
provided to Customer by others affiliated with CodeMoose™ via the world wide web and Internet;
any aspect related to the CodeMoose™ web site, including the CodeMoose™ web site itself;
any act by CodeMoose™ related to the submission and/or registration of a domain name for the
Customer;
any other service mentioned in the Terms and Conditions agreement;
any other service provided by CodeMoose™ to the Customer;
any other service provided by CodeMoose™ and used by the Customer.
Customer's Account Defined. "Customer's Account" means the space on the particular web server
that ISQsolutions™ provides to CodeMoose™ for use by the CodeMoose™'s Customer in CodeMoose™
provision of CodeMoose™ Services to the Customer.
Amendment of Fees & Charges. Upon thirty (30) days notice, CodeMoose™ may amend the fees and/or
charges for any CodeMoose™ Service.
Domain Name Submissions and Registration. CodeMoose™ Services related to the registration of a
domain name is limited to the submission of the registration request to the appropriate
registrar. Please note that each individual domain name constitutes a single submission. It is
the Customer's sole responsibility to provide accurate domain name spelling and contact
information.
Registry/Registrars' Terms & Conditions. Upon the Customer's registration of a domain name with
any registry, the Customer will also be subject to the terms and conditions of the domain name
dispute policy.
Management & Backup of Data. The Customer is solely responsible for the management and backup of
all the Customer data, and all updates, upgrades, and patches to any software that the Customer
uses in connection with CodeMoose™ Services.
Maintenance Windows. CodeMoose™ reserves the right to conduct an emergency maintenance window at
any time. During an emergency maintenance window, any or all CodeMoose™ Services may be
unavailable.
License to Occupy Only. The Customer acknowledges and agrees that any provision of web hosting by
CodeMoose™ to the Customer grants the Customer only a license to occupy the space on a web
server, and that the Customer has no real property interest in the space, software, web server
and equipment. Payment by the Customer for web hosting does not create or vest in the Customer
(or in any other party) any leasehold estate, easement, ownership interest, or other proprietary
right or interest of any nature in any part of CodeMoose™ or ISQsolutions™ premises or facilities
including, without limitation, the space, software, web server and equipment.
USE OF MATERIALS & CONFIDENTIALITY
Public Domain Materials Defined. "Public Domain Materials" means materials (including, without
limitation, information, artwork, images, pictures, text, video, audio, and programs) that are
not subject to copyright, trademark, service mark, or any other intellectual property right
restrictions or prohibitions. Except when prohibited by law, Public Domain Materials may be
downloaded or uploaded using CodeMoose™ Services. The Customer assumes all risks regarding the
determination of whether or not any material is Public Domain Material.
Use of Copyrighted Materials. As provided by United States , Canadian federal law and
international treaties, copyrighted materials may not be uploaded using CodeMoose™ Services
without the express written permission of the copyright holder. Copyrighted materials may be
downloaded using CodeMoose™ Services FOR PERSONAL, NON-COMMERCIAL, NON-PROFIT USE ONLY. Except as
expressly permitted by law, copyrighted materials may not be distributed to others. The Customer
may not change copyrighted materials and notices, including, without limitation, any author
attribution notice.
Confidential Information Defined. "Confidential Information" means any information disclosed by
CodeMoose™ to the Customer, either directly or indirectly, in writing, orally, or by inspection
of tangible objects (including, without limitation, documents, prototypes, samples, plant, and
equipment), which is designated as "Confidential," "Proprietary," or some other similar
designation either (a) in writing, (b) orally, or (c) by any other means. Confidential
Information will not include any information which: (i) is publicly known and made generally
available through no fault or breach on the part of the Customer or any third party; (ii) is
obtained by the Customer from a third party without a breach of such third party's obligations of
confidentiality; (iii) is independently developed by the Customer without use of or reference to
the Confidential Information; or (iv) is required by law to be disclosed by the Customer,
provided that the Customer gives CodeMoose™ prompt written notice of such requirement prior to
such disclosure, and assistance in obtaining an order protecting the information from public
disclosure.
Disclosure of Confidential Information. The Customer must not use, disclose, publish or
disseminate any of CodeMoose™ Confidential Information to anyone other than those of the
Customer's employees or contractors (if any) on a need-to-know basis, and the Customer agrees to
take all reasonable precautions to protect the secrecy of and to prevent any unauthorized use,
disclosure, publication, or dissemination of the Confidential Information. Without limiting the
scope of the foregoing, the Customer will take at least those measures that the Customer takes to
protect the Customer's own most highly confidential information and will ensure that any of the
Customer's employees, consultants, or other third parties who have access to CodeMoose™
Confidential Information have signed a non-use and non-disclosure agreement in content at least
as restrictive as the provisions hereof, prior to any disclosure of the Confidential Information
to such employees, consultants, or other third parties. The Customer further agrees not to use
the Confidential Information otherwise for the Customer's own, or any third party's, benefit
without the prior written approval of an authorized representative of CodeMoose™ in each
instance. The Customer will not make any copies of CodeMoose™ Confidential Information unless the
same are previously approved by ISQsolutions™ in writing. The Customer will reproduce CodeMoose™
proprietary rights notices on any such approved copies, in the same manner in which such notices
were set forth in or on the original. The Customer will not commit or permit the reverse
engineering, reverse assembling, disassembling, reverse compiling, or de-compiling, or any
attempt to derive source code from, any prototypes, hardware, software or any other tangible
objects which embody CodeMoose™ Confidential Information.
Trademark & Copyright: All trademarks and logos contained in any and all materials and
information are the property of ISQsolutions™. Use of such trademarks, logos, or copyrighted
materials are strictly prohibited without the prior permission for use from the rightful owners.
USE OF CodeMoose™ SERVICES
Customer's Account. Only the Customer may use the Customer's Account. The Customer may not sell,
lease, rent, or assign, in any way, any part or whole of the Customer's Account and/or CodeMoose™
Services to any party, unless the Customer obtains CodeMoose™ prior written.
Customer's Password. The Customer agrees to maintain a secure password ("Customer's Password") to
the Customer's Account. A secure password is one that is minimum six (6) characters long,
contains upper and lower case letters, contains numbers or other characters, and can not be found
in direct or reverse order in a dictionary, without regard to the language of the dictionary. The
Customer is solely responsible for changing the Customer's Password as required to ensure secure
access to the Customer's Account. The Customer is also solely responsible for ensuring the
confidentiality and secrecy of the Customer's Password.
CodeMoose™ Right of Refusal & Termination. ISQsolutions™ may, at its sole discretion, refuse
CodeMoose™ Services to any Customer, whether new or existing, and/or terminate the supply of
CodeMoose™ Services to the Customer, without any prior notice, if CodeMoose™ deems the Customer
to be in violation of the Terms and Conditions, notwithstanding that the Customer may be in
breach of any other agreement by complying with the Terms and Conditions.
Customer's Lawful Use. The Customer agrees to use the CodeMoose™ Services as permitted by
applicable laws, including, without limitation, local, provincial, state, and federal laws. The
Customer agrees that the Customer may NOT use CodeMoose™ Services to conduct or solicit any
business or activity that is prohibited by law, libelous, or against any CodeMoose™ policy.
Customer's Warranty, Liability, & Indemnification. The Customer is solely responsible for any
legal liability arising out of, or relating to, the Customer's use of CodeMoose™ Services. The
Customer represents and warrants to CodeMoose™ that the Customer holds the necessary rights to
use, or permit to use, any item used through any CodeMoose™ Service, and that the use,
reproduction, distribution, transmission, or display of any data to the public, and any material
to which the public can link or access, or any aspect of CodeMoose™ Services made available to
the public through the Customer, will NOT:
violate or potentially violate any right of any third party, including, without limitation,
infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image,
or other proprietary right;
constitute or potentially constitute violations such as, without limitation, false advertisement,
unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;
cause or potentially cause a business dispute or a personal dispute;
contain any material that is unlawful, harmful, fraudulent, libelous, slanderous, threatening,
abusive, harassing, defamatory, vulgar, obscene, profane, or hateful;
contain any material that is racially, ethnically, disputatiously, argumentatively, or otherwise
objectionable; or
contain any other material that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable law, including, without limitation,
local, provincial, state, national, international, or any other laws.
The Customer agrees to indemnify and hold CodeMoose™, any third party entity related to
CodeMoose™ (including, without limitation, third party vendors), and CodeMoose™ executives,
directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries
harmless from and against any and all liabilities, losses, costs, judgments, damages, claims, or
causes of action, including, without limitation, any and all legal fees and expenses arising out
of or relating to the Customer's breach of any of the representations or warranties herein, or
any other third party claim with respect thereto.
Other Organizations' Permission & Policies. The Customer's use of networks, computing resources,
or other services from other organizations is also subject to those organizations' respective
permission and usage policies.
Customer's Prevention of Corruption. The Customer must actively endeavor to prevent any
corruption of CodeMoose™ systems, including, without limitation, viruses. CodeMoose™ reserves the
right to run anti-virus programs, at CodeMoose™ sole discretion, to minimize potential and actual
damages.
Other Prohibited Conduct. The Customer must not commit or permit any reverse engineering, reverse
assembling, disassembling, reverse compiling, or de-compiling, or any attempt to derive source
code from, any prototypes, hardware, software, or other tangible objects provided to the Customer
by CodeMoose™.
Third Party Services or Products. The Customer acknowledges and agrees that any recommendation
made by CodeMoose™ employees or the CodeMoose™ web site affliates' links for services or products
ancillary to CodeMoose™ Services. CodeMoose™ does not warrant the integrity or quality of the
services or products provided by such third parties. The Customer agrees to hold CodeMoose™, any
third party entity related to CodeMoose™ (including, without limitation, third party vendors),
and CodeMoose™ executives, directors, officers, managers, employees, consultants, contractors,
agents, parent companies, and subsidiaries harmless from and against any and all liabilities,
losses, costs, judgments, damages, claims, or causes of action, including, without limitation,
any and all legal fees and expenses arising out of or related to the Customer's reliance on any
recommendation made by a CodeMoose™ employee or by following an affliate link regarding services
or products ancillary to CodeMoose™ Services.
Domain Name Submissions. In the case of a domain name registration, the Customer agrees that by
submitting an application for a domain name registration, the Customer warrants that the
information submitted therein is true and correct, and that any future changes to this
information will be provided to the appropriate registry in a timely manner. The Customer also
acknowledges and agrees that any submission of an application for a domain name registration does
not confer immunity from objection to either the registration or use of the domain name. It is
the Customers responsibility to keep registrant contact information for a domain name
registration such as email address, telephone numbers and mailing address current and accurate.
CodeMoose™ is not responsible for lose of domain name registration due to non renewal.
Prohibition of Adult Content, Gambling Content, Occult Content, and Non-Christian Based Religious
Content. By subscribing to CodeMoose™ services, the customer acknowledges that the customer is
prohibited from storing or posting adult content, or any links to adult and gambling content,
including but not limited to sexually explicit materials, whether graphical, textual, video,
audio, encrypted, protected, proprietary, or in any other formats. All material of pornographic
nature is considered adult content. By subscribing to CodeMoose™ services, the customer
acknowledges that the customer is prohibited from storing or posting religious content of a
Non-Christian basis and occult content, or any links to such content, including but not limited
to satanism, druidism, wicca, and shamanism, whether graphical, textual, video, audio, encrypted,
protected, proprietary, or in any other formats.
CodeMoose™ is not obligated to monitor its network for prohibited adult, gambling, occult or
non-Christian religious content. By subscribing to CodeMoose™ services, the customer acknowledges
that if CodeMoose™ is made aware of content that is determined to be adult, gambling, occult or
non-Christian religious content or in its sole discretion, unacceptable, undesirable, offensive,
indecent, obscene, excessively violent or otherwise objectionable, CodeMoose™ will deny access to
such content and terminate the account without notice and no refunds will be issued to an account
that is terminated for violating this policy. The Customer agrees to indemnify and hold
CodeMoose™ and all of CodeMoose™ associated brands, as they may be amended from time to time, and
its officers, directors, shareholders, employees, agents and advisors from and against any
Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable
legal fees) resulting from the use of the Services which damages the Customer or any other party.
INDEMNIFICATION
The Customer agrees to protect, defend, hold harmless, and indemnify ISQsolutions™, any third
party entity related to ISQsolutions™ (including, without limitation, third party vendors), and
ISQsolutions™ executives, directors, officers, managers, employees, consultants, agents, parent
companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments,
damages, claims, or causes of actions, including, without limitation, any and all legal fees and
expenses arising out of or resulting from Customer's use of ISQsolutions™ Services.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR
EQUITY, WILL CodeMoose™, CodeMoose™ EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY
PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR
DISTRIBUTING CodeMoose™ SERVICES BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR
PERSONAL LOSS, REVENUE DECREASE, EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS AND/OR CodeMoose™
SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY
CodeMoose™ SERVICES EVEN IF CodeMoose™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CodeMoose™ TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND
ALL DAMAGES, RELATED TO THE TERMS AND CONDITIONS, AND THE USE OF THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION BY CodeMoose™ OR CodeMoose™ REPRESENTATIVES, OR UNDER
ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE SETUP FEE OR THE
MONTHLY FEE PAID BY THE CUSTOMER FOR CodeMoose™ SERVICES.
DISCLAIMER
Changes, Modifications, & Backup of Data. THE CUSTOMER AGREES THAT CodeMoose™ or our hosting
provider ISQSolutions™ MAY DISCONTINUE, UPGRADE, REPLACE, MODIFY, OR CHANGE IN ANY WAY, WITHOUT
LIMITATION, ANY SOFTWARE, APPLICATION, PROGRAM, DATA, HARDWARE, EQUIPMENT, OR PORTIONS OR
COMPONENTS THEREOF, USED TO PROVIDE THE CUSTOMER WITH CodeMoose™ SERVICES. THE CUSTOMER
UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT CERTAIN CHANGES TO THE CodeMoose™ SERVICES MAY AFFECT
THE OPERATION OF THE CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT. CodeMoose™ MAKES NO
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE, CONDITION, OR
EXISTENCE OF ANY OF THE CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT. THEREFORE, THE CUSTOMER
AGREES THAT THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY OF THE CUSTOMER'S PERSONALIZED
APPLICATIONS AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE MANAGEMENT AND BACKUP OF ALL THE
CUSTOMER DATA.
Systems Information. THE CUSTOMER ACKNOWLEDGES THAT CodeMoose™ MAKES A REASONABLE EFFORT TO KEEP
THE INFORMATION AVAILABLE ON CodeMoose™ SYSTEMS ACCURATE. HOWEVER, CodeMoose™ MAKES NO WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA
AND/OR INFORMATION AVAILABLE. USE OF INFORMATION OBTAINED FROM OR THROUGH CodeMoose™ IS AT THE
SOLE RISK OF CUSTOMER.
Interconnecting Networks Information. The CUSTOMER ACKNOWLEDGES THAT THE DATA AND/OR INFORMATION
AVAILABLE THROUGH THE INTERCONNECTING NETWORKS MAY NOT BE ACCURATE, AND THAT CodeMoose™ HAS NO
ABILITY OR AUTHORITY OVER THE DATA AND/OR INFORMATION. CodeMoose™ MAKES NO WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR
INFORMATION RESIDING ON OR PASSING THROUGH THE INTERCONNECTING NETWORKS. USE OF DATA AND/OR
INFORMATION OBTAINED FROM OR THROUGH CodeMoose™ SERVICES IS AT THE SOLE RISK OF THE CUSTOMER.
Third Party Licenses. THE CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT CodeMoose™ MAKES A
REASONABLE EFFORT TO PROVIDE THE CUSTOMER WITH TECHNOLOGIES, DEVELOPMENTS, AND INNOVATIONS
(COLLECTIVELY "TECHNOLOGIES"), PART OF WHICH ARE BEING LICENSED OR CO-BRANDED FROM OR BY THIRD
PARTY ENTITIES. HOWEVER, CodeMoose™ MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
REGARDING THE QUALITY, ACCURACY, RELIABILITY, VALIDITY, OR CONTINUED EXISTENCE OF ANY AND ALL
ASPECTS OF SUCH TECHNOLOGIES. MOREOVER, CodeMoose™ SPECIFICALLY DISCLAIMS ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR SUCH TECHNOLOGIES. FURTHERMORE, THE
CUSTOMER WILL NOT HOLD CodeMoose™, ANY THIRD PARTY ENTITY RELATED TO CodeMoose™ (INCLUDING,
WITHOUT LIMITATION, THIRD PARTY VENDORS), OR CodeMoose™ EXECUTIVES, DIRECTORS, OFFICERS,
MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND SUBSIDIARIES LIABLE IN ANY WAY
FOR THE REVOCATION OF ANY LICENSE, WHICH HAS BEEN LICENSED TO CodeMoose™ FROM OR BY THIRD
PARTIES, THAT RESULTS IN ANY ACTUAL OR POTENTIAL HARM, DAMAGE, COST, EXPENSE, OR OTHERWISE TO THE
CUSTOMER, THE CUSTOMER'S BUSINESS, THE CUSTOMER'S AFFILIATES, THE CUSTOMER'S CUSTOMERS, OR ANYONE
OR ANYTHING RELATED TO THE CUSTOMER. THE USE OF THE TECHNOLOGIES OBTAINED FROM OR THROUGH
CodeMoose™, OR ANY OTHER REFERRED THIRD PARTY, WHETHER DIRECTLY OR INDIRECTLY, IS AT THE SOLE
RISK OF THE CUSTOMER.
Non- CodeMoose™ Products. THE CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF NON- CodeMoose™ PRODUCTS
OR AFFLIATE SERVICES BY CodeMoose™, ANY THIRD PARTY ENTITY RELATED TO CodeMoose™ (INCLUDING,
WITHOUT LIMITATION, THIRD PARTY VENDORS), OR CodeMoose™ EXECUTIVES, DIRECTORS, OFFICERS,
MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR
INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY CodeMoose™
OR THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. CodeMoose™ DISCLAIMS ANY AND ALL
LIABILITIES FOR ANY REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON- CodeMoose™
PRODUCTS AND/OR CodeMoose™ SERVICES.
Web Site. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY THE "INFORMATION") MADE AVAILABLE ON
THE CodeMoose™ WEB SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. CodeMoose™
EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CodeMoose™ WILL HAVE
ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY
LIABILITY FOR DAMAGE TO THE WEB SITE USER'S COMPUTER, ANY HARDWARE, DATA, INFORMATION, MATERIALS,
AND BUSINESS RESULTING FROM THE INFORMATION, OR THE LACK OF INFORMATION, AVAILABLE ON THE WEB
SITE. CodeMoose™ WILL HAVE NO LIABILITY FOR:
ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY CodeMoose™ ACTIONS, OMISSIONS, OR
NEGLIGENCE, OR FOR CONTINGENCIES BEYOND CodeMoose™ CONTROL IN PROCURING, COMPILING, OR DELIVERING
THE INFORMATION;
ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR
DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR
ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION FURNISHED ON
THE WEB SITE.
CodeMoose™ MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY,
TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE CodeMoose™ WEB SITE, OR THAT THE
INFORMATION IS RELIABLE FOR ANY REASON. CodeMoose™ MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY
THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED.
FOR THE PURPOSES OF THIS SECTION, " ISQsolutions™ " INCLUDES, WITHOUT LIMITATION, ISQsolutions™
DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR (INCLUDING CodeMoose™)
EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS,
AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.
PAYMENT, PENALTIES, & APPLICABLE TAXES
Billing Cycle Defined. CodeMoose™ provision of CodeMoose™ Services to the Customer for (3) 0r
(12) months will constitute a "Billing Cycle," which will begin on the day the plan is purchased,
and end on the same day, of each calendar billing cycle month. The Billing Cycle will continue to
renew each calendar billing cycle month until CodeMoose™ receives a "Not-to-Renew Request" (see
section 9.) from the Customer. CodeMoose™ reserves the right to modify the Billing Cycle, at any
time and without prior notice, so that the Customer may be billed for CodeMoose™ Services more or
less frequently.
Initial Billing Cycle. The initial Billing Cycle will commence on the earlier of the day
CodeMoose™ receives from the Customer an electronic order form and payment for CodeMoose™
Services.
Payment Due. The Customer must ensure that CodeMoose™ receives full payment for CodeMoose™
Services on the day of each recurring Billing Cycle, including the initial Billing Cycle. The
Customer is solely responsible for ensuring that his credit card is valid and contains funds on
the customers credit card to ensure CodeMoose™ receives payment on the applicable recurring
billing date. CodeMoose™ will not provide the Customer with CodeMoose™ Services until CodeMoose™
receives full payment.
Methods of Payment. Methods of payment accepted by CodeMoose™ are PayPal and credit card only.
Overages. CodeMoose™ will charge the Customer for any "Overages", including, without limitation,
excessive monthly data transfer use (which is any use of monthly data transfer above the
allowance specified in the Customer's particular hosting service plan). The Customer is solely
responsible for preventing any and all Overages on a daily basis. The Customer acknowledges that
CodeMoose™ has no obligation to warn the Customer about any pending or actual Overage.
Delinquent Customer's Account. The Customer's Account will be deemed "Delinquent" if CodeMoose™
does not receive payment for CodeMoose™ Services within seven (7) days after the commencement of
a Billing Cycle.
Penalties for Delinquent Customer's Account. A Customer's Account that is Delinquent is put on
hold and may not be used. Delinquent Customer's Account will have visitors redirected from the
Customer's web site to CodeMoose™ Web site. A Delinquent Customer's Account that is unpaid for
thirty (30) days after the commencement of a Billing Cycle, at CodeMoose™ sole discretion, have
any or all files archived. Delinquent Customer's Accounts that are unpaid for anytime up to
thirty (30) days or more after the commencement of a Billing Cycle may, at CodeMoose™ sole
discretion, have any or all files purged. The Customer's Account will continue to accrue charges
while the Customer's Account is on hold.
Reconnection Charge. The Customer must pay a service reconnection charge of forty U.S. dollars
($40.00USD) to remove the hold on the Customer's Account and to remove the Customer's Account
from Delinquent status.
Applicable Taxes. CodeMoose™ will charge the Customer, and the Customer must pay to CodeMoose™
all applicable taxes, including, without limitation, any retroactive tax on past fees or charges
(whether already paid or not) in cases where CodeMoose™ is under a legal obligation to collect
such tax from the Customer. The Customer is solely responsible for any and all other taxes, which
the Customer is under a legal obligation to pay.
"NOT-TO-RENEW" Requests
Automatic Renewal. The Terms and Conditions will bind the Customer, and the Customer will be
deemed to have accepted the Terms and Conditions, upon CodeMoose™ receipt of the Customer's
electronic order form, or upon any use by the Customer of any CodeMoose™ Service. The Terms and
Conditions, and the business arrangement between the Customer and CodeMoose™ as set out herein,
will automatically renew, upon expiration, upon recurring billing cycle for the applicable period
until the Customer makes a proper "Not-to-Renew Request."
Not-to-Renew Request Defined. "Not-to-Renew Request" means the Customer's request to CodeMoose™
to cease the provision of CodeMoose™ Services for the particular Customer's Account. A
Not-to-Renew Request for the Customer's Account must be submitted by the Customer via the
Email to admin@codemoose.biz or support@codemoose.biz. The Not-to-Renew Request must be
received by CodeMoose™ before 5:00 p.m. EST, seven (10) days before the anniversary date of the
Customer's Account in order for the Not-to-Renew Request to be processed before such anniversary
date; otherwise, CodeMoose™ will automatically renew the Customer's Account, and the Customer
will be bound and responsible, for the next applicable period. CHARGES ARE NOT PRO-RATED WHEN THE
CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH CodeMoose™.
Full Payment Requirement. The Customer's Account must be PAID IN FULL before any Not-to-Renew
Request will be considered effective.
30-Day Money Back Guarantee. CodeMoose™ will provide the Customer a thirty (30) day money back
guarantee. The thirty (30) day period will commence on the earlier of the day CodeMoose™ receives
from the Customer an electronic order form or an order form. For web hosting plans pre-paid
quarterly (3 months) or annually (12 months), the full pre-payment amount minus any setup fees
and overages will be refunded if CodeMoose™ is notified within the first 30 days from the date
the hosting plan was ordered. No refund is available after the 30th day. This service guarantee
does not apply to any add-ons or additional services such as data transfer overages, Web server
storage, MS SQL or MySQL database storage, email server storage, domain name registrations and
SSL Certificates. Cancellation Request must be submitted by the Customer via email to
admin@codemoose.biz or support@codemoose.biz. Cancellations must be requested within the first 30
days from the initial date the hosting plan was ordered. E-mail requests will not constitute
acceptance of any cancellation.
CUSTOMER'S ABUSE & BREACH
Abuse Defined. Any "abuse" of CodeMoose™ Services is a breach of the Terms and Conditions. Abuse
includes, without limitation, the Customer's use of CodeMoose™ Services that disrupts the normal
use of CodeMoose™ Services for other CodeMoose™ the customers. Determination of what constitutes
an abuse of CodeMoose™ Services will be at the sole discretion of CodeMoose™. Some examples of
abuse of CodeMoose™ Services include, without limitation, spawning processes, consuming excessive
amounts of memory or CPU, spamming or mass e-mailing. Without limiting the scope of the
foregoing, CodeMoose™ forbids the storage of illegal or pirated software, the use of any type of
IRC bot and/or proxy (including, without limitation, "bnc" and "eggdrop"), the storage or use of
any type of software intended for hacking or cracking purposes, and the storage or sale of
unsolicited bulk e-mail lists intended for spamming or resale purposes.
Disciplinary Measures. Depending on the nature and the severity, the Customer's abuse of
CodeMoose™ Services is cause for CodeMoose™ to implement, at CodeMoose™ sole discretion,
disciplinary measures, including, without limitation, warning, suspension, or termination of the
Customer's Account and all provision of CodeMoose™ Services to the Customer. If the Customer has
been suspended, and CodeMoose™ chooses to rescind the suspension, CodeMoose™ may, at its sole
discretion, charge the Customer a reconnection charge before CodeMoose™ will provide any further
CodeMoose™ Services to the Customer. If a Customer’s Account has been suspended or placed on any
kind of hold whatsoever by CodeMoose™, that the Customer’s Account will have visitors redirected
from the Customer’s web site to ISQsolutions™ web site.
Misclassification. The Customer acknowledges that the Customer's activity may be misclassified as
abuse. A Customer who believes that the Customer's activity has been misclassified may appeal to
CodeMoose™ Technical Support Manager. Determination of whether or not the Customer's activity is
abuse is at CodeMoose™ sole discretion.
Right to Terminate. IF CodeMoose™ DEEMS THE CUSTOMER TO BE INVOLVED, IN ANY WAY, IN SPAMMING
ACTIVITIES, CodeMoose™ RESERVES THE RIGHT TO IMMEDIATELY TERMINATE CodeMoose™ SERVICES TO THE
CUSTOMER.
Breach of the Terms and Conditions. Unethical activities and criminal offenses are breaches of
the Terms and Conditions. The Customer agrees to report to CodeMoose™ any breach of the Terms and
Conditions by either the Customer or any other CodeMoose™ customer. If the Customer is unsure of
whether or not a particular activity is unethical or criminal, the Customer must notify
CodeMoose™ and CodeMoose™ will make such determination.
Civil &/or Legal Liability for Breach. ANY BREACH OF THE TERMS AND CONDITIONS MAY RESULT IN CIVIL
ACTION AND/OR LEGAL ACTION AND/OR CRIMINAL PROSECUTION.
IP ADDRESSES
CodeMoose™'s hosting provider ISQsolutions™ maintains control and ownership of any and all IP
numbers and IP addresses that may be assigned to the Customer, and ISQsolutions™ reserves the
right to change or remove, at ISQsolutions™ sole discretion, any and all IP numbers and
addresses.
INTELLECTUAL PROPERTY
IP Prohibition. The Customer must not, without CodeMoose™ express written consent, copy,
reproduce, or republish any material, in whole or in part, that is located on the Web Site,
including, without limitation, CodeMoose™ sales and marketing materials.
Trademark & Copyright Prohibition. The Customer must not, without CodeMoose™ express written
consent, use any CodeMoose™ trademark, service mark, or copyrighted material.
Misrepresentation. The Customer must not, in any way, misrepresent the Customer's relationship
with CodeMoose™, attempt to pass itself off as CodeMoose™, or claim that the Customer is
CodeMoose™.
CUSTOMER'S PRIVACY
CodeMoose™ takes reasonable measures to protect the Customer's privacy. Except under urgent or
emergency circumstances, and/or as required by regulation, court order, official authority,
police or other law enforcement authority, or any applicable law. The Customer's information or
data collected will be used by CodeMoose™ for purposes related to CodeMoose™ Services including,
without limitation, extending special offers to the Customer, and referral and/or agency
commissions (including, without limitation, improvements). The Customer understands,
acknowledges, and agrees that the Customer's administrative contact information in relation to
the Customer's domain name registration is public information and CodeMoose™ is not, and can not,
be obligated to safeguard such information and data from any third party.
ASSIGNMENT AND AGENTS
Assignment. The rights and liabilities of both the Customer and CodeMoose™ (collectively "the
Parties") under the Terms and Conditions will bind and inure to the benefit of the Parties'
respective successors, executors, and administrators, as the case may be. However, the Customer
may not assign or delegate the Customer's rights and obligations under any of the Customer's
business relationships (including, without limitation, any contract, agreement, or business
arrangement) with CodeMoose™, either in whole or in part, without the prior written consent of
CodeMoose™. CodeMoose™ may assign its rights and obligations under the Terms and Conditions to
any third party in connection with a merger, acquisition, sale of all or substantially all of
CodeMoose™ assets, or any other corporate reorganization.
Bound as Principal. The Customer agrees that the Customer will be bound as a principal to the
Terms and Conditions even if any contract, agreement, or business arrangement, including, without
limitation, an application for domain name registration or web hosting, is executed by an agent
for the Customer.
MINIMUM AGE REQUIREMENT
Customer's Warranty. The Customer warrants that the Customer is at least 18 years of age.
Parent or Guardian. Any individual under the age of 18 years ("Minor") must have a parent or
guardian accept the Terms and Conditions in order for the Minor to become a CodeMoose™ customer.
Parent or Guardian Primarily Liable. A parent or guardian who accepts the Terms and Conditions on
behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the
Terms and Conditions, including, without limitation, the timely and full payment of the charges
for CodeMoose™ Services.
Continuation of Parent or Guardian's Liability. A parent or guardian who accepts the Terms and
Conditions on behalf of a Minor will continue to be primarily liable for the obligations
mentioned in the Terms and Conditions even when the Minor has attained the age of 18, unless
CodeMoose™ provides to such parent or guardian CodeMoose™ express written consent to the
contrary.
Invalid Acceptance (Null & Void). ANY ACCEPTANCE OF THE TERMS AND CONDITIONS BY AN INDIVIDUAL
UNDER THE AGE OF 18 WILL BE DEEMED INVALID AND THE TERMS AND CONDITIONS WILL BE DEEMED NULL AND
VOID AS BETWEEN CodeMoose™ AND THAT PARTICULAR INDIVIDUAL.
GOVERNING LAW/SEVERABILITY
Any agreement, including, without limitation, the Terms and Conditions, arising from the business
relationship between CodeMoose™ and the Customer, will be governed by and construed in accordance
with the laws of the state of South Carolina, without reference to its conflicts of laws
principles. The Customer agrees that any litigation or arbitration between the Customer and
CodeMoose™ will take place in South Carolina, United States of America, and the Customer consents
to personal jurisdiction and venue in South Caorlina, United States of America. If any provision
or portion of the agreement is found by a court of competent jurisdiction to be unenforceable for
any reason, the remainder of that agreement will continue in full force and effect.
MODIFICATION
Any waiver, modification, or amendment of any provision of the Terms and Conditions, initiated by
the Customer, will be effective only if accepted in writing and signed by CodeMoose™.
SURVIVAL OF TERMS AND CONDITIONS
The following sections of this Terms and Conditions will survive the expiry or termination of
this Terms and Conditions for any reason: 1(f); 1(h); 2; 3(e); 3(f); 3(j); 4; 5; 6; 11; 12; 14;
17.
INDEPENDENT CONTRACTORS
Nothing in this Agreement will be construed as creating a partnership or relationship of employer
and employee, principal and agent, partnership or joint venture between the Parties. Each Party
will be deemed an independent contractor at all times and will have no right or authority to
assume or create any obligation on behalf of the other Party, except as may be expressly provided
herein.
COMPLETE AGREEMENT
The Terms and Conditions, in addition to any other specific agreement (if any) between CodeMoose™
and the Customer, constitutes the complete understanding and agreement between the Customer and
CodeMoose™ Except when expressly agreed to the contrary in writing by CodeMoose™, the Terms and
Conditions supersedes any other written (including, without limitation, digitized/computerized)
agreement, oral agreement, and/or agreement by conduct.