Completely Cool Business Software, Inc

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Terms and Conditions
TERMS AND CONDITIONS

ALL SALES ARE FINAL - By clicking on the submit payment button, you approve and agree to pay for the work completed and detailed on your current invoice.

Completely Cool Software, Inc. agrees to provide, and you agree to use and pay for, certain services according to the terms and conditions set forth herein ("Agreement"). Your use of any such services, including without limitation the placement of information or other material on our computer hardware or on our network, and on your computer hardware or on your network, whether placed there directly by us or by you, at your direction or otherwise, constitutes your acknowledgment that you have read and understood this Agreement and that you agree to be bound by its terms and conditions.
If you do not wish to be bound by the terms and conditions of this Agreement, you may not use any of our services or place, directly, indirectly or otherwise, any information or other material on our computer hardware or on our network. 

1. Conduct. Our computer hardware, software, network and other services we may provide ("Our Services") may only be used for lawful purposes. 
  Any use of Our Services which violates any local, state, federal, or international law or regulation, which may apply to us, to your local jurisdiction, or to 
  any jurisdiction that you or your Web site may be subject to, is strictly prohibited. 
  Any use of Our Services which violates any such law or regulation will result in termination of Our Services to you and will be reported to the appropriate 
  authorities. You agree to comply with our Acceptable Conduct Policies, which are published on the Internet, and which are incorporated herein by reference. 
  You agree to adhere to all policies and procedures which we publish on the Internet or of which we otherwise notify you, including, without limitation, policies 
  which restrict Our Services, certain features of Our Services, and policies designed to protect or enhance the quality and reliability of Our Services. 
  You agree that such policies and procedures are also incorporated herein by reference. We reserve the right to refuse to post or to remove any information 
  or materials, in whole or in part, that, in our sole discretion, is unacceptable, undesirable, or in violation of this Agreement. 

2. Indemnification. You agree to indemnify, hold harmless and defend us, our shareholders, directors, officers, agents, employees, affiliates, subsidiaries, 
  partners, associates, suppliers, distributors and contractors from any and all loss, liability, penalties, damages, costs, expenses, attorneys' fees, causes 
  of action or claims caused by or resulting directly or indirectly from your use of Our Services or your violation of any of the terms of this Agreement, 
  which damages either you, us, or any other party or parties, without limitation or exception. This indemnification and hold harmless agreement extends to all 
  issues associated with your use of Our Services and your compliance with this Agreement, including but not limited to domain name selection and Web site content. 

3. Refusal, Suspension or Discontinuance of Our Services. We reserve the right to refuse, suspend or discontinue Our Services to anyone at our sole discretion. 
  We may deny you access to all or part of Our Services without notice if you engage in any conduct or activities that we, in our sole discretion, believe 
  violates any of the terms or conditions of this Agreement. We may suspend or discontinue Our Services, at any time and without notice, due to unpaid amounts 
  you owe us and charge you a reconnection fee subsequent to such suspension or discontinuance of Our Services. We have no responsibility to notify any third-party 
  providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such refusal, suspension, discontinuance or 
  lack of notification.
  
4. No Warranties. WE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR OUR SERVICES. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS 
  AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, OR IMPLIED 
  WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US OR OUR AGENTS OR EMPLOYEES OR ANY OTHER PERSON OR 
  ANY OTHER ENTITY SHALL CREATE A WARRANTY OF ANY KIND. WE PROVIDE NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, 
  SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON OUR COMPUTER HARDWARE OR ON OUR NETWORK IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR MEETS ANY USER'S PARTICULAR 
  STANDARDS, REQUIREMENTS OR NEEDS. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL 
  DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF CURRENCY, FUNDS, DATA, PROFITS OR GOOD WILL, OR DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF, OR 
  INABILITY TO USE, OR FOR THIRD PARTIES' USE OF, OR INABILITY TO USE, OUR SERVICES TO ACCESS YOUR WEB SPACE, OUR COMPUTER HARDWARE, NETWORK OR OUR SERVICES, OR 
  TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR OR ANY THIRD PARTIES' RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH OUR 
  SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE 
  OF PERFORMANCE, EVEN IF Completely Cool Software, INC. HAD BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, INJURIES OR LOSSES. IF YOU ARE DISSATISFIED WITH OUR SERVICES 
  OR ANY OF OUR TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES.

5. Data Processing Programs. Notwithstanding anything herein to the contrary, neither any data processing program, nor any idea, invention, technique, concept 
  or formula relating to data processing, whether such program, idea, invention, technique, concept or formula is submitted by you to us for the purposes of 
  this Agreement or developed by us, shall be accepted or held by us on a confidential basis. We shall be free to use the information, knowledge and "know-how" 
  contained in any program, idea, invention technique, concept or formula in any way which we may deem, at our sole discretion, to be appropriate. 

6. No Inducement to Infringe. You shall not cause us to infringe upon any patent, 
  license, copyright or other proprietary right or violate any other right (including but not limited to the right to royalties or license fees) of any other person 
  or entity. You also represent and warrant that (i) you are and at all times will be free of any contractual obligation that would prevent you from entering 
  into this Agreement and complying with all terms and conditions hereof, and (ii) Our offer to provide Our Services hereunder in no way caused or induced 
  you to breach any contractual obligation.

7. ECPA Notice and Monitoring. We reserve the right, but are not obligated, to monitor and/or record any and all communications through or with our computer 
  hardware, software and network. You agree that we are not considered a "secure communications medium" for the purposes of the Electronic Communications 
  Privacy Act ("ECPA"), and that no expectation of privacy is afforded. You agree that we have no obligation to, but that we do have the right to, and 
  may, monitor and/or record Our Services from time to time and at any time. Further, we may disclose any information which we determine, at our sole discretion, 
  is necessary to satisfy any law or regulation, or to protect us, our customers or others. We may also, but are not obligated to, filter out and prevent the 
  delivery of unsolicited and bulk e-mail (commonly referred to as "SPAM" or "UCE") and other similar electronic messages, which we determine, 
  in our sole discretion, to be undesirable. 

8. Current Identification Information. You agree to supply us with, and continue to keep us informed of, your current, correct and truthful name, postal address 
  and telephone number. You also agree and warrant that you are an authorized user of any credit card and/or any bank account, which you direct us to charge 
  and agree that we have the right, but not the obligation, to fully investigate any possible fraudulent use of such credit card and/or such bank account. You 
  individually, or as the person or the authorized representative of the entity legally responsible for the use of Our Services, acknowledge and warrant that 
  you are at least 18 years of age and are fully authorized to make this Agreement. 

9. Security. You agree that the security of information and other materials which you post, publish, transmit, receive and store on our computer hardware 
  and on our network, is solely your responsibility. You further agree that if you believe your security, our computer hardware, software or network has been 
  compromised in any way, you will notify us immediately by telephone and in writing. You agree that if any security violations are believed to have occurred, we 
  have the right to suspend your access to Our Services pending an investigation and resolution. You further agree that we have the right to cooperate in any 
  government or legal investigation or proceeding regarding any aspect of Our Services, including products or services sold to, or used by, you and products 
  or services sold or offered for sale by you. You acknowledge that you understand that by placing information on our computer hardware and on our network that 
  such information becomes available to all Internet users and that we have no way of limiting or restricting access to such information or protecting such 
  information from copyright infringement. You assume total responsibility and risk for your use of Our Services and the Internet. It is solely your responsibility 
  to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise 
  and services provided through us or through the Internet generally.
10. Backup of Data. Your use of Our Services is at your sole risk. We are not responsible for files, data, images and other materials which are stored on 
  our computer hardware or on our network. You agree that you are solely responsible for all such materials and that you will maintain a backup copy of all such 
  materials.
  
11. Work Product. You agree that any web site, web page, script program and other work which we create or modify, in whole are in part, ("Work Product") 
  is owned by us and is protected by United States copyright laws and international treaty provisions, notwithstanding any copyright notice or other notice to the 
  contrary which may be placed on such Work Product by us or by anyone else. You agree that you will not remove or modify our copyright notice or any other copyright 
  notice which is placed on the Work Product by us, or to do anything else, whatsoever, which would subordinate our copyright and ownership of the Work Product.

12. Marketing You agree that we may use your name and/or your web site's URL for marketing purposes. You also agree that we may place a footer line and/or 
  logo on the pages of your web site, which identifies us, including the URL of our home page and our e-mail address, as your hosting provider and/or the designer 
  or creator, in whole or part, of your web site. You agree that you will not remove or modify such footer line and/or logo, without our expressed written 
  permission, except, however, you may remove such footer line and/or logo, which identifies us as your hosting provider, at such time that we are no longer your 
  hosting provider.

13. Billing and Payment. You shall promptly pay for Our Services online or to our offices, in U.S. currency, and in accordance with our price lists which 
  are published on the Internet and otherwise in accordance with our latest quotation for any item or service which is not listed in our price lists. Such price lists 
  and quotation are incorporated herein by reference. You shall also promptly pay all applicable sales, use or other applicable taxes and for any supplies 
  and expenses (including without limitation, expenses for shipping, postage, telephone, fax, travel and lodging) which are incurred in connection with Our 
  Services. All billing is billed in 1/4 hour (15 minute) increments at the prevailing rates. You agree to pay upon your receipt of our billing. You agree that all 
  setup and other fees are nonrefundable. You agree that we have the right to charge you interest of 10% per annum on past due amounts due us, to charge you 
  a $25.00 fee each time a check or draft is returned unpaid by your bank or credit card provider, to suspend or discontinue/cancel Our Services, at any time and 
  without prior notice, due to any unpaid amount which you owe us.You agree that we are not obligated to release any of your property, including without limitation, 
  information and other material stored on our computer hardware or on our network, until you have paid all amounts due us hereunder. You further agree that we, 
  at our sole election, are granted a lien on your property in our possession and have the unrestricted right, but are not obligated, to sell such property 
  to satisfy any amounts due us hereunder and that you will continue to be obligated to pay any balance not satisfied by such sale, if any. 

14. Notification of Billing Dispute or Error. If you dispute our billing, or believe in good faith that we have made an error in our billing to you, you 
  shall notify us in writing within thirty (30) days after said billing was issued to you. Such notice shall set forth the basis for your dispute. 

15. Attorney and Collection Fees. If we incur any cost or fee from an attorney, collection agency or otherwise in attempting to collect any amounts due us hereunder, 
  then you shall pay us, upon demand, the amount of such cost or fee. Further, in the event of any litigation between us in connection with this Agreement, 
  the prevailing party shall be entitled to recover its reasonable costs and attorneys fees. 

16. Taxes. You agree to be fully responsible for the timely payment of any and all taxes which are levied in relation to your purchase or use of Our Services. 

17. Termination. Notwithstanding anything herein to the contrary, this Agreement may be terminated by you or by us, with or without cause, by giving the other 
  party thirty (30) days advance written notice. Notwithstanding anything herein to the contrary, a termination shall not extinguish or diminish any of the rights 
  and obligations which were accrued hereunder prior to the effective date of such termination. 

18. Relationship. Our relationship is that of independent contractors. Neither this Agreement nor any of the activities contemplated hereby shall be deemed 
  to create any partnership, joint venture, agency or employer-employee relationship between you and us. 

19. Default. If you shall fail to pay us any amount due hereunder within five (5) days after receipt of notice that the same is past due, or if you are in 
  default under any other agreement in effect between you and us, or if either of us fails to comply with any provision of this Agreement and such failure 
  continues for a period of thirty (30) days after receipt of notice thereof, then you or us, as the case may be, shall be deemed to be in default and the 
  other party shall have the right (i) to terminate this Agreement, and (ii) in addition, but subject to any limitations contained in this Agreement, to pursue 
  any and all rights which may be available to it. Notwithstanding anything herein to the contrary, so long as you are in default under this Agreement or any other 
  agreement in effect between you and us, we shall have no obligation to provide Our Services or to perform any other duties under this Agreement or any other 
  agreement until such time that you have cured such default.

20. No Waiver of Remedies. The failure by either of us to exercise any option or right upon a default or breach of any of the terms of this Agreement shall 
  not be construed as waiving such right or option at a later date. Further, all of such rights or options shall be cumulative and the exercise of any one such 
  right or option shall not preclude the exercise of any other right or option. No exercise of, or delay or omission to exercise, the rights and powers herein 
  granted shall be held to exhaust the same or be construed as a waiver thereof, and every such right and power may be exercised at any time and from time to 
  time. 

21. Force Majeure. Notwithstanding anything herein to the contrary, we shall not be considered in default hereunder or have any liability to you for any 
  failure to perform if such failure arises out of causes beyond our control. Such causes include, without limitation, acts of God or a public enemy, acts 
  of the government acting in any capacity, fires, floods, epidemics, quarantine restrictions, strikes, war, civil disturbance, riots, rebellion, freight embargoes, 
  degradation of telephone or other communication service, electrical outage and weather conditions. 

22. Notices. Any notice which either of us desires to give in connection with this Agreement shall be in writing and shall be deemed to have been duly given 
  or sent if delivered personally or if mailed, certified mail return receipt requested in a postage-paid envelope, which is addressed, as the case may be, 
  to you at your last address on record with us or to us at our address as published on the Internet. Notwithstanding anything herein to the contrary, we may transmit 
  billings and past due notices via e-mail or other electronic means and such billings and past due notices shall be deemed to have been duly given or sent 
  when transmitted by us.

23. No Assignment. You shall not assign this Agreement without our prior written consent. 

24. Captions. All captions and headings to the sections and subsections of this Agreement have been inserted for convenience of reference only and shall 
  not be construed as a part hereof.

25. Governing Law. THIS AGREEMENT IS BEING MADE AND ENTERED INTO IN THE COUNTY OF DENTON, STATE OF TEXAS, AND IT SHALL BE GOVERNED AND CONSTRUED UNDER THE 
  LAWS OF THE STATE OF TEXAS. ANY SUIT FILED IN CONNECTION WITH THIS AGREEMENT SHALL BE FILED IN A COURT OF COMPETENT JURISDICTION IN DENTON COUNTY, TEXAS. 
  THE PARTIES HERETO INTEND THAT THIS AGREEMENT SHALL BE GOVERNED BY ARTICLE ONE AND TWO OF THE UNIFORM COMMERCIAL CODE OF THE STATE OF TEXAS NOTWITHSTANDING 
  THAT SUBSTANTIAL SERVICES MAY BE RENDERED HEREUNDER IN FURNISHING OUR SERVICES. 

26. Severability. If any clause or provision of this Agreement is determined by a court of competent jurisdiction to be void, invalid, illegal or otherwise 
  unenforceable under any present or future law effective during the term hereof, then the remainder of this Agreement shall not be affected thereby, and in lieu 
  of such clause or provision, there shall be added as a part of this Agreement a clause or provision as similar in terms to such void, illegal, invalid or 
  otherwise unenforceable clause or provision as may be possible and be legal, valid and enforceable. 

27. Entire Agreement. This Agreement, including any and all documents incorporated herein by reference, constitutes the entire agreement between you and us with 
  respect to the subject matter hereof, and it supersedes all prior and contemporaneous agreements, contracts, understandings, proposals and negotiations with respect 
  to such subject matter. The terms and conditions of this Agreement shall prevail and be exclusive notwithstanding any additional or different terms or conditions 
  of any purchase order which may be issued by you in connection with the furnishing of Our Services hereunder. 

28. Acknowledgment. The terms and conditions of this Agreement, including without limitation our prices and price lists and all documents incorporated herein 
  by reference, may be amended by us from time to time and at anytime, without prior notice, provided such amended information is published by us on the Internet. 
  You agree to frequently refer to this document, and all documents incorporated herein by reference, on the Internet. You agree that your use and/or continued 
  use of any of Our Services, including without limitation the placement or storage of information or other material on our computer hardware or on our network, 
  whether placed there directly by you, at your direction or otherwise, constitutes your acknowledgment and continuing acknowledgment that you have read and understood 
  this Agreement, including all documents incorporated herein by reference, and that you agree and continue to agree to be bound by its terms and conditions.
  
  Copyright ©2001 Completely Cool Software, Inc. All rights reserved.