Terms & Conditions

This Agreement (this “Agreement”) is between christinate original linear design company, a design and programming company formed under the laws of the state of California with its principal office at 25060 Hancock Ave #103-158, Murrieta, CA 92562. (“christinate”) and the person (individual or legal person) whose signs christinate’s service order (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of christinate’s services. For more specific service terms, see the addendums below.

Acceptance. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Payment. Invoices will be provided by Christinate upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $100 per month of the total amount due, whichever is greater.

Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Christinate’s Web space, Christinate will, at its discretion, remove all such material from its web space. Christinate is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Checks returned for insufficient funds will be assessed a return charge of $50 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Christinate reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Christinate in enforcing these Terms and Conditions.

Termination. Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity. All Christinate services may be used for lawful purposes only. You agree to indemnify and hold Christinate harmless from any claims resulting from your use of our service that damages you or any other party.

Domain Names. Christinate does not purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Christinate. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Social Media Management. Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Christinate will honor the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

Governing Law. This Agreement shall be governed by California Law.

Liability. Christinate hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Christinate to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Indemnification. Customer agrees to indemnify and hold harmless christinate, christinate’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties. christinate does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law christinate disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.

Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the original agreement.

Requests for Customer Information. Customer agrees that christinate may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that christinate believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up Copy. Customer agrees to maintain a current copy of all content hosted by christinate nothwithstanding any agreement by christinate to provide back up services. christinate will make a good faith effort to keep seven (7) days worth of backups through software accessible by client. However, christinate makes no absolute guarantee that a backup can be provided. The customer is ultimately responsible for maintaining and storing their own backups.

Changes to christinate’s Network. Upgrades and other changes in christinate’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. christinate reserves the right to change its network in its commercially reasonable discretion, and christinate shall not be liable for any resulting harm to Customer.

System and Network Security. Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability.

christinate will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
– Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
– Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
– Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

Notices. Notices to christinate under the Agreement shall be given via electronic mail to the e-mail address posted for customer support (support@hawkhost.com). Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majeure. christinate shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond christinate’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing Law/Disputes. The Agreement shall be governed by the laws of, exclusive of its choice of law principles, and the laws of the United States of America and the Uniform Commercial Code, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Customer acknowledges that christinate can use Customer’s name or trade mark only as a representation of portfolio upon initiation of services. Customer may not use the other party’s name or trade mark without christinate’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. The terms on Subscriber’s purchase order or other business forms are not binding on christinate unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the Subcriber’s of resellers are third party beneficiaries to the Agreement. Subscriber may not transfer the Agreement without christinate’s prior written consent. christinate’s approval for assignment is contingent on the assignee meeting christinate’s credit approval criteria. christinate may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral. All contracts require financial statements to be recorded. Trade embargoes on information included in private correspondence are implied unless signed release from christinate has been given.

Website Creation & Modification Terms & Conditions Addendum

The following terms and conditions also apply to all website development / design services provided by Christinate to the Client.

Post-Placement Alterations. Christinate cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Copyright. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Christinate the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Christinate permission and rights for use of the same and agrees to indemnify and hold harmless Christinate from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Christinate that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Christinate to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

Design Credit. A link to Christinate will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $10000, a fixed fee of $100 will be applied. The Client also agrees that the website developed for the Client may be presented in Christinate’s portfolio.

Access Requirements. If the Client’s website is to be installed on a third-party server, Christinate must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Web Browsers. Christinate makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Christinate cannot guarantee correct functionality with all browser software across different operating systems.

Christinate cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Christinate reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Charges. Charges for services to be provided by Christinate are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Christinate reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by check. Checks should be made payable to Christinate and sent to Christinate, 25060 Hancock Ave #103-158, Murrieta, CA 92562.

Client Review. Christinate will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Christinate otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control. Christinate will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Christinate receiving initial payment, unless a delay is specifically requested by the Client and agreed by Christinate.

In return, the Client agrees to delegate a single individual as a primary contact to aid Christinate with progressing the commission in a satisfactory and expedient manner.

During the project, Christinate will require the Client to provide website content; text, images, movies and sound files

Failure to provide required website content. Christinate is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

Additional Expenses. Client agrees to reimburse Christinate for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

 

Service Terms & Conditions Addendum

The following terms and conditions also apply to all technical support / IT services provided by Christinate to the Client.

Support. christinate provides support to it’s subscribers. Support is based on the plan you purchased and its availability. We encourage you to use our Ticket System on our web site.

Services. Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of christinate’s credit approval requirements, christinate agrees to provide the support services described in the Order for the fees stated in the Order.

Term. The initial service term of the Agreement shall begin on the date that christinate generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for as many successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless christinate or Customer provides the other with written notice of non-renewal. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

Fee Increases. christinate may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

Taxes. At christinate’s request Customer shall remit to christinate all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on christinate), regardless of whether christinate fails to collect the tax at the time the related services are provided.

Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event christinate terminates the Agreement for Customer’s breach of the Agreement in accordance with Section “Termination”, or Customer terminates the service other than in accordance with Section “Termination” for christinate’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

Payments to christinate are non-refundable except for the first payment which falls under the thirty (30) day money back guarantee. No other services provided by christinate are covered by this guarantee. The thirty (30) day money back guarantee is not valid upon any terms of service or acceptable use policy violations. All overcharges or billing disputes must be reported within thirty (30) days of the time the dispute occurred.

Indemnification. Customer agrees to indemnify and hold harmless christinate, christinate’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties. christinate does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law christinate disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.

Limitation of Damages. Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of christinate and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.

Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if christinate fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by christinate prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from christinate describing the violation in reasonable detail; (iii)upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv)upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

 

Maintenance Terms & Conditions Addendum

The following terms and conditions also apply to all maintenance services provided by Christinate to the Client.

Services. Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of christinate’s credit approval requirements, christinate agrees to provide the maintenance services described in the Order for the fees stated in the Order.

Term. The initial service term of the Agreement shall begin on the date that christinate generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for as many successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless christinate or Customer provides the other with written notice of non-renewal. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

Fees. Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, annually bi-annually as indicated on the Order, beginning on the Service Commencement Date. christinate may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes christinate to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise christinate will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 7th day before each billing cycle, and the fees shall be due on the 7th day following invoice date. Payments must be made in United States dollars. Customer is responsible for providing christinate with changes to billing information (such as credit card expiration, change in billing address). christinate may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay christinate’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay christinate’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

Fee Increases. christinate may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

Taxes. At christinate’s request Customer shall remit to christinate all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on christinate), regardless of whether christinate fails to collect the tax at the time the related services are provided.

Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event christinate terminates the Agreement for Customer’s breach of the Agreement in accordance with Section “Termination”, or Customer terminates the service other than in accordance with Section “Termination” for christinate’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

Payments to christinate are non-refundable except for the first payment which falls under the thirty (30) day money back guarantee. Only shared, reseller and semi-dedicated and VPS services are eligible for the thirty (30) day money back guarantee. No other services provided by christinate are covered by this guarantee. The thirty (30) day money back guarantee is not valid upon any terms of service or acceptable use policy violations. All overcharges or billing disputes must be reported within thirty (30) days of the time the dispute occurred.

Law/AUP. Customer agrees to use the service in compliance with applicable law and christinate’s Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that christinate may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of christinate’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with christinate’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between christinate and Customer regarding the interpretation of the AUP, christinate’s commercially reasonable interpretation of the AUP shall govern.

Customer Information. Customer represents and warrants to christinate that the information he, she or it has provided and will provide to christinate for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to christinate that he or she is at least 18 years of age. christinate may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract. For young entrepreneurs (those under the age of 18), arrangements and special contracts will be made in addition to this contract.

Indemnification. Customer agrees to indemnify and hold harmless christinate, christinate’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties. christinate does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law christinate disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.

Limitation of Damages. Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of christinate and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.

Suspension of Service. Customer agrees that christinate may suspend services to Customer without notice and without liability if: (i)christinate reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii)christinate reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv)as requested by a law enforcement or regulatory agency. Customer shall pay christinate’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if christinate fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by christinate prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from christinate describing the violation in reasonable detail; (iii)upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv)upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

christinate will make a best effort to retain user data/files for unpaid services for up to thirty (30) days past the renewal invoice due date. After thirty (30) days, christinate will remove any data related to the unpaid hosting service(s) from its systems. In the event a customer requires restoration of the data, christinate will attempt to recover the account from backup systems. christinate makes no guarantee the terminated data will be recoverable from their backup systems. There will be a one time $10 fee for account recovery/restoration. This fee applies to each service the customer requires christinate to restore. This restoration policy and corresponding $10 fee will also be applied to any terminated service(s) the customer has requested cancellation for in error.

 

 


 

Privacy Policy

This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices. If you have any questions about our Privacy Policy, please contact us.

  • When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
  • We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.
  • If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
  • When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
  • We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See What is a Cookie below. We may tie this cookie to the personally identifiable information we have about you.
  • If we send you an e-mail, we may include a marker that will allow to identify e-mail that is opened and viewed.

Use of Personally Identifiable Information. We will use your personally identifiable information only as follows:

  • For payment purposes and to provide customer support.
  • To announce special offers or provide other information from time to time via e-mail.
  • We may also send e-mail announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information.
  • If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail.
  • To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our Web site and customize your visit.

We will not provide any personally identifiable information about you to any other person other than:

  • a law enforcement or regulatory agency at their request
  • a person or company who acquires our business
  • third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential
  • As otherwise needed to protect or enforce or rights or the rights of others.
  • We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.

Use of Non-Personally Identifiable Information. We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.

What is a Cookie? A cookie is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customize your visit.

Security of Your Information. We store your personally identifiable information and payment information in our secure database.

 


 

Acceptable Use Policy (AUP)

Prohibited uses. You may use our site only for lawful purposes.  The following list sets forth examples of prohibited uses of our services. This list is not, and is not intended to be, inclusive of all prohibited uses of the Services. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs,  or any other harmful programs or similar computer code designed to
  • To cause infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos. For procedures to report infringement, use our contact page.
  • To spread offensive materials. Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • To create export violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
  • To disseminate harmful content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, keystroke loggers, spyware, adware or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information or adversely affect the operation of any computer software or hardware.
  • To commit fraudulent conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of our Services, including without limitation use of credit card numbers.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use (see above).
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Suspension and termination. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.