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Web Hosting Terms & Conditions

  1. Services
    1. This Service Agreement ("Agreement") applies to the purchase of all web hosting services (collectively, the "Services"). Badger Media Solutions, LLC reserves the right to amend its Service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing or future customers.
  2. Billing and Payment
    1. You shall pay the fees and other charges for each Service as invoiced. Badger Media Solutions, LLC reserves the right to change rates by notifying you fifteen (15) days in advance of the effective date of the change; provided that Badger Media Solutions, LLC shall not change any rates during the term of any Term Commitment. Service charges shall be invoiced in accordance with the terms and conditions set forth both herein. All payments shall be made in U.S. currency. You may be subject to late fees up to the legal maximum of the State of Wisconsin. Accounts unpaid after the Due Date may have service suspended or terminated. Such suspension or termination shall not relieve you of your obligation to pay the fee due. You agree to pay Badger Media Solutions, LLC its reasonable expenses, including attorney's fees and collection agency fees, incurred in enforcing its rights under this Agreement.
  3. Acceptable Uses
    1. You shall at all times adhere to the Badger Media Solutions, LLC Acceptable Use Policy located at http://badgermediasolutions.com/Support/WebHostingAcceptableUsePolicy/tabid/58/Default.aspx, as amended from time to time by Badger Media Solutions, LLC effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, Badger Media Solutions, LLC may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by you of the Badger Media Solutions, LLC Acceptable Use Policy. In the event Badger Media Solutions, LLC takes corrective action due to a violation of the Badger Media Solutions, LLC Acceptable Use Policy, Badger Media Solutions, LLC shall not refund to you any fees paid in advance of such corrective action.
  4. Address Ownership
    1. Badger Media Solutions, LLC shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Badger Media Solutions, LLC and Badger Media Solutions, LLC reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
  5. Caching
    1. You expressly (i) grant to Badger Media Solutions, LLC a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Badger Media Solutions, LLC under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
  6. CPU Usage
    1. You agree that you shall not use excessive amounts of CPU processing on any of Badger Media Solutions, LLC's servers. Any violation of this policy may result in corrective action by Badger Media Solutions, LLC, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that Badger Media Solutions, LLC elects to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
  7. Bandwidth and Disk Usage
    1. You agree that bandwidth and Disk usage shall not exceed the number of megabytes per month for the Services ordered by you on the Order Form. This usage shall be monitored and measured by Badger Media Solutions, LLC. Any bandwidth or Disk usage in excess of the agreed upon number of megabytes per month may result in corrective action by Badger Media Solutions, LLC, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that Badger Media Solutions, LLC elects to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
  8. eCommerce
    1. You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
  9. Disclaimer of Warranty
    1. You acknowledge and agree that Badger Media Solutions, LLC exercises no control over, and accepts no responsibility for, the content of the information passing through Badger Media Solutions, LLC's host computers, network hubs and points of presence (the "Badger Media Solutions, LLC") or the Internet. NEITHER Badger Media Solutions, LLC, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT Badger Media Solutions, LLC PROVIDES. NEITHER Badger Media Solutions, LLC, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICED OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Badger Media Solutions, LLC IS NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICE(S) PROVIDED BY Badger Media Solutions, LLC.
  10. Indemnification
    1. You will indemnify, defend and hold harmless Badger Media Solutions, LLC and its employees, officers, directors and agents (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services, including any violation of the Badger Media Solutions, LLC Acceptable Use Policy.
  11. Limitation of Liability
    1. IN NO EVENT SHALL Badger Media Solutions, LLC OR ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Badger Media Solutions, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Badger Media Solutions, LLC's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
  12. Force Majeure
    1. Badger Media Solutions, LLC shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
  13. Governing Law
    1. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws principles.
  14. Amendment Waiver
    1. Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of you and Badger Media Solutions, LLC. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
  15. Assignment Severability
    1. This Agreement shall be binding upon and inure to the benefit of you, Badger Media Solutions, LLC and our respective successors, and assigns. You may not assign this Agreement without the prior written consent of Badger Media Solutions, LLC. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
  16. Intellectual Property
    1. By engaging in any activity that infringes or misappropriates the intellectual property rights of others, including but not limited to copyrights, trademarks, service marks, trade secrets, software, and patents held by other individuals, corporations or other entities. Our Company is required by law to respond immediately to a copyright infringement and block access to customer content upon receipt of an official notice of a copyright violation. For more information on the Digital Millennium Copyright Act (DMCA), click on the following link: http://lcweb.loc.gov/copyright/legislation/dmca.pdf. Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's website within your own without permission, and using another's trademarks without their permission to promote competing goods or services.
  17. Trademark Infringement
    1. Trademark Infringement is any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to a likelihood of confusion between you and the legitimate holder of a valid trade or service mark. For the purposes of this AUP, a "valid trade or service mark" is defined as another entity that either has a registered mark in a WTO signatory country (http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm), or can prove prior use. There are relatively few "safe harbor" provisions or exceptions in United States Trademark law that limit our liability to a Customer's infringing activity of a trademark. Therefore, we take notices of alleged trademark infringement seriously, and with few exceptions, will require Customers to quickly comply. There are fair use exceptions to trademark protections. We will allow Customer to use another's trademark in fair use situations, but we apply a rather restrictive view on the meaning of fair use. If there is any possibility of a likelihood of confusion as to the originator of the offerings (product, service or information) on your website, we will side with the complaining party.