253-445-3302 • fax 253-590-0879
2107 7th Street SE • Puyallup, WA 98372
sales@bluedenham.com
Helping Your Small Business Grow

October 22, 2017
Terms and Conditions of Service

Effective January 1, 2000

  1. You understand and accept these Terms and Conditions and agree to pay BlueDenham, LLC dba BlueDenham WEB Design (BlueDenham) for these services according to the Billing Policies currently in effect. Services are provided on a prepaid basis, NO REFUNDS. Invoices may be prorated IN ADVANCE to allow for relocation or other changes in your personal circumstances. There is a $25 fee for checks returned due to Non-Sufficient Funds (NSF).

  2. If we do not receive your payment when due, your account may be terminated. Termination of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date the account was cancelled, including any collection fees incurred by BlueDenham.

  3. You may cancel your account at any time, with proper notification. Proper notification includes direct contact with a member of the accounting staff, written notification, or e-mailed notification addressed to service@bluedenham.com. Failure to pay does not constitute proper notification, and you will be responsible for all fees accrued to your account until proper notification is received.

  4. BlueDenham makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose. BlueDenham takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, nondeliveries, misdeliveries or service interruptions caused by BlueDenham's own negligence or your errors and/or omissions.

  5. BlueDenham's services may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, obscene material, material protected by trade secret, or material which is deemed threatening or harassing according to local, state or federal laws. You agree to indemnify and hold harmless BlueDenham from any claims resulting from your use of this service which damages you or another party. At our discretion, we may revoke your access for inappropriate usage.

  6. To insure the safety, comfort and convenience of our customers and the security of our system, BlueDenham reserves the right to refuse any or all aspects of BlueDenham's service to any individual or entity. These include, but are not limited to, posting to local newsgroups intended for use by our customers and staff for communication, e-mail services, posting of files to our FTP site or posting of WWW sites to our servers. Unsolicited bulk e-mail falls under this group, as does inappropriate posting to Usenet news groups. In addition, you agree to pay the following in the event you are responsible for, generate or cause any unsolicited commercial e-mail to emanate or appear to emanate from BlueDenham: a: $500 plus $1.00 per message sent, plus $50 per complaint received by BlueDenham, as well as; b: any damages or loss of service(s) to BlueDenham, as a result of any spamming or other violation of these policies. These damages include, but are not limited to system shut downs, retaliatory attacks or data flooding, and/or loss of peering arrangements. Decisions regarding the acceptability of usage are the discretion of the staff of BlueDenham, and are final.

  7. Use of any information or software obtained via this service is at your own risk. BlueDenham specifically denies any responsibility for the accuracy or quality of information obtained through our services.

  8. If you use another organization's networks or computing resources via our service, you are subject to their respective permission, usage policies and fees.

  9. These Terms and Conditions are subject to change without notice. A current, dated copy will always be available on-line via the World Wide Web at http://www.bluedenham.com/. Notification of changes in the Terms and Conditions will be posted in the Message of the Day (available at http://www.bluedenham.com). Paper copies will be available from the office by request. Continued use of your account after a new policy has gone into effect constitutes acceptance of that policy.

  10. You will notify BlueDenham of any changes in account contact information, such as your address or phone number, in a timely fashion.

  11. You are responsible for how your account is used. You may allow others to use your account, bearing in mind that you are fully responsible for what they do. ANY usage contrary to these Terms & Conditions by any party knowingly allowed to use the account, is grounds for account closure.

  12. BlueDenham reserves the right to cancel this service and reimburse you with any unused fees (where appropriate) on a pro-rata basis. If your service is cancelled for misuse according to these Terms and Conditions, BlueDenham reserves the right to apply additional fees and/or administrative costs incurred to your account prior to reimbursement. Please allow 4-6 weeks for reimbursement payment.

  13. This agreement shall be governed and construed in accordance with the substantive laws of the United States of America and Washington State, and any action shall be initiated and maintained in a forum of competent jurisdiction in Pierce County of Washington State.

  14. These Terms and Conditions supercede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with the terms and conditions of any order submitted.

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