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Terms of Service


Sidetrips provides accounts to many Customers around the world. We have a responsibility to protect these Customers and to provide the best service available. The following guidelines were designed to insure that all Customers receive quality service.

These Terms And Conditions ("terms") Govern The Use Of The Sidetrips Web Site (the "web Site") By You And Your Employees And Agents (collectively Referred To As "you" Or "customer"). By Using The Web Site, You Agree To All Of The Provisions Contained Or Referred To In These Terms And Conditions. Sidetrips Internet Services, Inc. ("Sidetrips") Reserves The Right To Change These Terms And Conditions At Any Time In Its Sole Discretion. Your Use Of The Web Site After Such Changes Are Posted To The Web Site Constitutes Your Acceptance Of The Changes. Please Consult These Terms And Conditions Regularly.

Order Acceptance

When Accepted by Sidetrips, the Order submitted by Customer creates a contract between Customer and Sidetrips, consisting of the Order, the applicable Service Description and these Terms of Service. An Order is "Accepted" by Sidetrips when Sidetrips provisions Services in response to the Order and/or bills Customer for payment. Sidetrips will provide, and Customer will purchase and pay for, the Services specified in the Order for the service fees specified in the Order and the applicable Service Description (the "Service Fees"). The date that the Order is accepted is the Effective Date.

Term and Termination

Services will commence on the Effective Date indicated on the Order Form and continue for the duration of the Monthly or Annual Term unless cancelled within the rules below.

The Initial payment for Monthly Hosting accounts will be prorated to the first day of the following month. The Renewal Date for Monthly accounts will be the first day of the month following the Effective Date. The Effective Date will be the first day of the Money Back Guarantee.

The Initial payment for Annual Hosting accounts will be prorated to the first day of the 12th month. The Renewal Date for annual accounts will be 12 months from the 1st day of the Effective Month. The Effective Date will be the first day of the Money Back Guarantee.

Accounts which have a monthly fee of less than $10.00 will not be prorated upon signup.

The Order will automatically renew unless the Order is earlier terminated in accordance with these Terms, or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term. Written notice may be provided via email to sales@sidetrips.com

Sidetrips may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Customer, if Sidetrips determines in good faith that Customer’s use of the Customer Web site or the Customer Content violates the Acceptable Use Policy.

Upon termination of this Agreement customer shall each remain liable for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Sidetrips may be entitled.

Account termination by customer is actuated by filling in the following Cancellation Form.

Payment

Sidetrips currently accepts credit cards (Visa, MasterCard, Discover and American Express). Sidetrips also accepts personal and business checks, money orders, or International money orders in U.S. currency, drawn from a U.S. Bank on a case by case basis. Prior arrangements must be made in writing with the Sales Department. A credit card may be required as a security deposit for personal and business checks, money orders, or International money orders in U.S. currency.

Setup fees, domain costs (if applicable) and Initial Term's Service Fees are due on the Effective Date.

For Hosting Service Fees, the payment due date will be the 7th day of the month of the Term being billed for.

For Hosting Service Fees, credit cards are charged automatically on the first day of the month.

Accounts which are 7 days overdue will be subject to a late fee. Accounts which are more than 14 days past due are subject to disconnection of services. Accounts that are overdue more than 21 days are subject to a reinstatement fee in addition to any applicable late fees.

Sidetrips reserves the right to change its policies or prices at any time. Prices are good only for the period of pre-payment. Customers will be notified through our website of changes to prices or billing policy prior to renewal of service agreement.

Sidetrips reserves the right, in its sole discretion, to deactivate the Customer's host account(s) upon an indication of credit problems including but not limited to frequent delinquent payments.

Customer will pay to Sidetrips the Service Fees in the manner set forth in the Order. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder.

Unless otherwise specified, payment for non-hosting Service Fees and related Charges shall be due and payable within 14 days after the date of the performance of the Service.

Any amounts payable to Sidetrips not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less with a $10/month minimum. If Sidetrips collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, Customer will pay all costs of collection, including, without limitation, all court costs and reasonable attorneys’ fees.

If any check is returned for insufficient funds, Sidetrips may impose a processing charge of $25.

Accounting issues should be addressed to sales@sidetrips.com.

Refund Policy

Sidetrips agrees to refund up to the first 30 days Hosting Service Fees on a pro-rated basis, less setup fees and any domain registration or renewal costs, if Customer wishes to discontinue service during the first 30 days of this agreement. Refunds will be processed within 30 days of cancellation. After the first 30 days of the Initial Term, no refunds will be issued. Refunds WILL NOT be given for Any Hosting Add-on Services such as but no limited to, Domain Registration and SSL Secure Certificates.

General

The Sidetrips Services are provided on an "as is, as available" basis. The Sidetrips gives no warranty, expressed or implied, for the Services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This "no warranty" expressly includes any reimbursement for losses of income due to disruption of service by Sidetrips unless otherwise specified.

Sidetrips is not responsible for any damages arising from Customer's use of Sidetrips's services or by Customer's inability to use the hosting services for any reason.

Due to the public nature of the Internet, all information on the Customer Website should be considered publicly accessible, and important or private information should be treated carefully. Sidetrips is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Sidetrips or its customers may utilize.

All Terms of Service shall apply to those sub-hosted accounts which may be controlled by Customer.

Sidetrips reserves the right to change its policies at any time for any reason in the interest of providing all customers the best performance possible.

Sidetrips and Customer agree to use their best efforts and cooperation in the performance of this agreement.

Sidetrips reserves the right to record in full any written or oral conversation with the client for training, security and administrative purposes.


Terms begin and expire at midnight Greenwich Mean Time (0:00 GMT).

Acceptable Use Policy

Customer will abide by, and utilize the Services and the Customer Web site only in accordance with, the Acceptable Use Policy (the "Acceptable Use Policy or AUP") that Sidetrips posts on its Web site, as such Acceptable Use Policy may be changed by Sidetrips from time to time. The Acceptable Use Policy is hereby incorporated herein and made a part hereof by this reference. Customer shall impose the Acceptable Use Policy on its customers and End Users to the extent necessary to ensure their compliance. Customer shall familiarize itself with the Acceptable Use Policy and periodically access Sidetrips’s Web site to determine if Sidetrips has made any changes thereto.

Customer’s Responsibilities

Customer will use the host services in a manner consistent with any and all applicable laws of the State of Colorado and the United States.

Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.

Sidetrips is not responsible for Customer's files residing on Sidetrips servers. Customer is solely responsible for independent backup of data stored on Sidetrips.

Customer will notify Sidetrips of any change in Customer’s mailing address, telephone, e-mail or other contact information. You may update your customer information here.

Customer will provide Sidetrips with a registered domain name for the Customer Web site, or, upon Customer’s request and subject to the terms and conditions set forth below, Sidetrips will register an Internet domain name on behalf of Customer with a registrar approved by ICANN. Sidetrips’s registration of any domain name is subject to (i) Sidetrips receiving from Customer all information needed from Customer in order to complete such registration, and (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable registration service. Registration of a domain name is subject to availability of such domain name for registration, and Sidetrips will not be responsible if a domain name is not available for any reason. Sidetrips will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against Sidetrips for, and hereby releases Sidetrips of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by Sidetrips for any reason. Customer will reimburse Sidetrips for all costs and expenses incurred by Sidetrips in registering or maintaining a domain name for Customer, including, without limitation, all fees charged by the applicable registrar. Customer acknowledges that its rights to any domain name registered by Sidetrips are not being granted by Sidetrips but are subject to the rules and regulations of the applicable registrar and applicable law. Customer agrees to be bound by the terms and policies of the applicable registrar and the policies of the national DNS registration authorities to which Customer becomes subject upon registration of the domain name. Customer’s inability to use a domain name shall not entitle Customer to a refund by Sidetrips of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of Customer.

Because the Hosting Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by Sidetrips to provide the Hosting Services, as the same may be changed by Sidetrips from time to time. Specifications for the hardware and software used by Sidetrips to provide the Hosting Services will be available on request. Sidetrips shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by Sidetrips to provide the Hosting Services.

Unless the applicable Service Description provides otherwise, Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.

In connection with any Hosting Services, Customer will not use storage space in excess of the storage limits established for the Services in the Service Descriptions, plus any storage space purchased by Customer. If Customer uses storage space in excess of such amounts, Sidetrips may, without limiting its other rights or remedies, assess Customer with additional fees.

In connection with any Hosting Services, if Customer’s actual bandwidth usage or disc space usage in any month exceeds the limit in the Service Description, if specified, Customer will pay Sidetrips such additional fees as may be specified in the Service Description. Overage fees are billed as Net 7 days.

Entire Agreement; Amendments

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Sidetrips, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and Sidetrips. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Sidetrips in its sole discretion, which modifications will be effective upon posting to Sidetrips's Web site.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Assignment; Successors

Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Sidetrips. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Sidetrips may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Limitation of Actions

No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than one year after the cause of action has arisen.

Limitation on Liability

Sidetrips, Its Licensors, Service Sidetrips, Content Sidetrips, Employees, Agents, Officers And Directors, Will Not Be Liable For Any Direct, Indirect, Incidental, Consequential, Or Special Damages Of Any Kind, Including, Without Limitation, Loss Of Revenue Or Income, Pain And Suffering, Emotional Distress Or Similar Damages, Even If Such Parties Have Been Advised Of The Possibility Of Such Damages. In No Event Will The Collective Liability Of Sidetrips And Its Licensors, Service Sidetrips, Content Sidetrips, Employees, Agents, Officers And Directors To You Or Any Other Person (regardless Of The Form Of Action, Whether In Contract, Tort Or Under Any Other Legal Theory, Including, Without Limitation, Negligence Or Strict Liability) Exceed The Amount, If Any, You Have Paid To Sidetrips To Use The Web Site As Provided In These Terms And Conditions For The Applicable Content Or Service Out Of Which Liability Arose.

Indemnity

You will indemnify and hold Sidetrips, its licensors, content Sidetrips, service Sidetrips, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.

Trademarks

Sidetrips is a registered trademark, and the Sidetrips logo and other Sidetrips marks appearing on the Web site are either registered or unregistered trademarks of Sidetrips. Other trademarks, service marks and logos appearing in this Web site are the property of either Sidetrips, its content Sidetrips or other third parties. Sidetrips, its content Sidetrips and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos.

Headings

The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.

Governing Law and Jurisdiction

The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of COLORADO, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. Any Suit, Action Or Proceeding Concerning The Web Site, Its Use, These Terms And Conditions, Or Concerning Any Other Policy Or Procedure Of Sidetrips Regarding Use Of The Web Site, Must Be Brought In A State Or Federal Court Located In Larmiar County, Colorado, And You Hereby Irrevocably Consent To The Jurisdiction Of Such Courts (and Of The Appropriate Appellate Courts Therefrom) In Any Such Suit, Action Or Proceeding; And You Irrevocably Waive, To The Fullest Extent Permitted By Applicable Law, Any Objection Which You May Now Or Hereafter Have To The Laying Of The Venue Of Any Such Suit, Action Or Proceeding In Any Such Court Or That Any Such Suit, Action Or Proceeding Which Is Brought In Any Such Court Has Been Brought In An Inconvenient Forum.

Waiver

No failure or delay on the part of Sidetrips to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by Sidetrips preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by Sidetrips to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Definitions

For purposes of this Agreement, the following terms have the meanings specified below: "Agreement" means each contract created between Sidetrips and Customer for the provision of Services consisting of an Order, the applicable Service Description and these Terms of Service.

"Customer Content" means all data, graphics, text, names, marks, logos, hypertext links to other Web sites and other information incorporated in, transmitted through or published or displayed on the Customer Web site.

"Customer Web site" means Customer’s site on the World Wide Web portion of the Internet that Sidetrips hosts under this Agreement.

"End User" means any Person who accesses or uses the Customer Web site via the Internet.

"Person" means any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association or organization, or government or any agency or political subdivision thereof.

"Proprietary Information" means all technical, business and other information of a party (i) that is not generally known to the public, (ii) that derives value, economic or otherwise, from not being generally known to the public or to other Persons who can obtain value from its disclosure or use, and (iii) which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.

"Order" means the Order submitted by the Customer to Sidetrips for Services, whether such Order is submitted online through Sidetrips’s Web site or on a written Order form.

"Prepaid Plan" means Service provided by Sidetrips to Customer where the Order provides that the Customer must pay for the Service in advance for the Initial Term. "Non-Prepaid Plan" means any Service provided by Sidetrips to Customer that is not a Prepaid Plan.

"Terms of Service" means these Terms of Service, as the same may be modified, altered or amended from time to time by Sidetrips.

"Service" means either Service or Optional Service. "Service" means the Service provided by Sidetrips in response to an Order whereby Sidetrips provides the Customer with specified connectivity, storage space and bandwidth for the hosting of a Customer Web site as more particularly described in the applicable Service Description. "Optional Service" means any additional Service (other than Service) Sidetrips may provide in response to an Order, as more particularly described in the applicable Service Description.

"Service Description" means the applicable web pages and/or documents made available by Sidetrips to Customer to describe the applicable Services at the time the Order is accepted by Sidetrips.

"Term" means the duration of any Agreement between Sidetrips and Customer. With respect to Services, the "Initial Term" is the initial term specified in the Order and the "Renewal Term" is the period of time beginning on the expiration of the Initial Term and ending on the termination of expiration of the Order in accordance with its terms. With respect to Optional Services, the "Term" begins when Sidetrips accepts the Order and ends on the first to occur of (i) Sidetrips’s completion of performance, or (ii) the earlier termination of the Order in any manner permitted by these Terms of Service.





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