Terms, Policies and Refunds

Web Site Agreement, Policies, and Practices

The Spliethof Company, dba Land Design House, an Oregon company agrees to provide, and undersigned Subscriber agrees to pay for services according to the terms, reservations, and restrictions contained herein.

Suitability Clause
Pursuant to the promotion of family values and ethics on the Internet, all services provided by The Spliethof Company, dba Land Design House are to be used for ethical and lawful purposes only. Subscriber agrees not to use The Spliethof Company, dba Land Design House provided services for transmission, storage, or presentation of any information, data or material in violation of any United States Federal, state or local law. This includes, but is not limited to, trademarked or copyrighted material, or information and material The Spliethof Company, dba Land Design House judges to be threatening or obscene links to or transfer of such materials and products from other internet sites, promotion of illegal activity or violence. Subscriber agrees to indemnify and hold The Spliethof Company, dba Land Design House harmless for any claims, or legal actions arising from the illegal, unethical or immoral use of The Spliethof Company, dba Land Design House provided services. As a hosting provider, The Spliethof Company, dba Land Design House will be the sole arbiter in determining the suitability of website content, in conformity to the terms of this agreement.

Examples of other unacceptable content or links:
Pirated software, Hacker programs, Archives and Warez, illegal porn, terroristic or racist sites.

Restrictions on Service provided by The Spliethof Company, dba Land Design House

Commercial Advertising – Email:
Spamming or the sending of unsolicited email from a The Spliethof Company, dba Land Design House server or from an email address or domain maintained on a The Spliethof Company, dba Land Design House machine is STRICTLY prohibited.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer of The Spliethof Company, dba Land Design House is strictly prohibited.

Refusal of Service:
The Spliethof Company, dba Land Design House reserves the right to refuse, cancel, or suspend services at its discretion, for violation of the terms and provisions of this agreement.

Limitation of Liability:
The Spliethof Company, dba Land Design House shall not be held liable for damages or inconvenience to subscriber, which may result from: The Spliethof Company, dba Land Design House’s servers going off-line or being temporarily unavailable, corruption or deletion of subscriber website from one of The Spliethof Company, dba Land Design House’s servers. It is the sole responsibility of the client to maintain a full backup of their website outside of the backups of The Spliethof Company, dba Land Design House. The Spliethof Company, dba Land Design House will make every effort to ensure site integrity and replacement in the event of an accidental loss but will NOT hold any responsibility in any such event.

Refunds:
None

1. PAYMENT: Subscriber shall pay for services by either of the following methods: Company Check, VISA, Master Card, American Express, Discover, Money Order, Electronic Funds Transfer, Personal Check, or PayPal. All payments must be in U.S. funds.
2. TERM: For the date hereof: month-to-month, due and payable on the 1st of each month, and will remain in effect until terminated upon 30 days written notice unless termination is due to a server violation of suitable uses, in which event termination may be immediate.
3. DISPUTES: All claims or disputes of whatever kind or nature arising out of this agreement will be decided in accordance with the commercial arbitration rules of the American Arbitration Society. Location of the arbitration is Medford, Oregon. The prevailing party will be entitled to recover reasonable attorney’s fees and costs.
4. AMENDMENTS: No amendment may be made to this agreement unless in writing. This agreement is the entire agreement between the parties.
5. LAW: This agreement shall be governed and construed in accordance with the laws of the State of Oregon.
6. SUCCESSORS & ASSIGNS: This agreement shall inure to the benefit of and be binding on the parties hereof, their heirs, personal representatives, successors and assigns.

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