Terms of Service Agreement
For customers utilizing website hosting, search engine optimization, search engine marketing, social media marketing, website development, or other services provided by Idaho Style / Cali Style Technologies LLC
Following are terms of services for website hosting, domain registration, and website development services provided by Idaho Style (“Idaho Style). The customer shall provide billing address and any other information necessary for Idaho Style to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Idaho Style Web Design and provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.
1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due by the 15th of the current month’s hosting service. Termination of Website Hosting Services with Idaho Style requires a 30-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through Idaho Style, their domain name registration will expire with their hosting service. Idaho Style reserves the right to change the rates by notifying customers 7 days in advance of the effective date of the change, or if usage exceeds the package hosting plan. Idaho Style reserves the right to cancel hosting service at any time.
2. Website Hosting Pre-Payment Terms: Idaho Style may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
3. Payment Terms Website Development:
A. Custom Website Development: Idaho Style requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at Idaho Style’s discretion. The final balance is due 15 days from completion of website development project. If Idaho Style is developing a website that is not also hosted by Idaho Style, final payment for the project must be received prior to project launch or relinquishing ownership to customer. Should a development project span more than 30 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.
B. Semi-Custom Website Development: Idaho Style requires the first month for semi-custom website subscription services, and full payment for any add-ons, upon order completion and prior to development. Monthly service will be billed on the first day of each calendar month, for as long as the service remains active.
4. General Payment Terms: Payment is due 15 days after the date of an invoice for all services. Accounts are in default if payment is not received 20 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 60 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of 15% per month on the outstanding balance. If your state law does not allow an interest rate of 15% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay Idaho Style it’s reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. Idaho Style exercises no control over the content or information contained on the servers used for hosting. Idaho Style will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Idaho Style is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Idaho Style provides or the software used by the customer.
6. Service Interruptions: Idaho Style is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters, and pandemics.
7. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Idaho Style immediately via e-mail or telephone.
8. Governing Laws: Idaho Style Web Design’s corporate office is located in Indianapolis, Indiana. This agreement will be performed in and governed by the laws of the State of Indiana. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Idaho Style reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
9. Third Party Networks: Any access to other networks connected to Idaho Style Web Design’s network must comply with the rules appropriate for that other network.
10. Disk Storage and Bandwidth: Idaho Style Web Design will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Idaho Style will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, Idaho Style shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Idaho Style Web Design (info@Idaho-Style.com) to discuss options for increased disk storage.
Idaho Style Web Design prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold Idaho Style Web Design harmless from any claims resulting from his/her use of Idaho Style Web Design’s services that damage the customer or another party. Use of Idaho Style Web Design’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Idaho Style any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
12. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Idaho Style. Should services or resources fall above the scope of the original proposal, Idaho Style reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Idaho Style’s discretion.
13. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Idaho Style will result in delay of project, or risk putting the project on hold. Idaho Style may invoice customer for additional resources should the delay of a project interrupt Idaho Style’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
14. Administrative Access: To prevent malware installation on our servers, full administrative access to a WordPress installation on Idaho Style’s hosting services will not be granted to customers. Customers may request access to specific features of a website, and access may be granted at Idaho Style’s discretion.
15. Website Copyright:
A. Custom Websites: The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.
B. Semi-Custom Websites:WordPress login credentials are not available to customers who purchase subscription or layout websites. The copyright on semi-custom website development is transferred to the website purchaser after one (1) year of active subscription service. If a semi-custom website is paid for in advance, the copyright is transferred upon full payment for website development. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.
16. Website Go Live and Access: A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, Idaho Style may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide Idaho Style with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Idaho Style’s discretion. Once a project is complete, all changes requested will fall under Idaho Style’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by Idaho Style.
17. Termination/Cancellation Policy: Idaho Style Web Design requires a 30-day notice prior to canceling a website hosting account. For Business Website Solutions, where the cost of development is broken down into monthly payments rather than an upfront development charge, a one year minimum contract is required. If service is cancelled early, the final balance on remaining months of service is due. Two years of consecutive service must be paid for copyright release, or to receive a copy of your website files or an administrative login. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.
18. Access Granted through Platform: After registering services and properly paying where required, we grant you a personal, non-exclusive, revocable, limited license to access the Platform and to use any of our services. As a user, you do not receive any ownership interest in any portion of the Platform; you merely receive the aforementioned revocable access and license as stated. All rights not explicitly granted are reserved for Idaho Style. If you breach any of our usage guidelines, as stated below, we may revoke your license or your access to use our Platform at our discretion. Additionally, we may revoke your license or restrict your access to our Platform if we believe that your actions may harm us, our business interests, or at our discretion. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.
19. Services through Platform: Through the Platform, Idaho Style may offer SEO services or other services. Idaho Style uses reasonable efforts to provide these services to you; however, all services provided depend on innumerable factors and market variables that are outside of Idaho Style’s direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. Where you decide to use any services offered by the Platform, you agree that we make no guarantees including but not limited to web placement, rankings, or any profits. You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect. An increase in search engine ranking, increase in business, or any other associated benefits are neither implied nor guaranteed. Website rankings or results may vary by region, search engine, or fluctuate based on factors outside of our control. Due to the nature of our services, you agree:
- Idaho Style is not responsible for any changes made to a user’s website that adversely affects the search engine rankings of the user’s website.
- Idaho Style has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future and user may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Idaho Style cannot and does not guarantee any position change, fixed position, or position increase for any keyword, phrase, or search term.
- Idaho Style makes no representations as to any profits or increased business as related to a user’s use of the services.
- Idaho Style has no control over any actions or inaction by any search engines related to a user’s website or a website’s ranking.
You agree to release us from any liability that we may incur for providing you any services offered via Platform. You agree that any service or any other information found on the Platform may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our Platform.
20. Platform Availability: Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Additionally, Idaho Style is under no obligation to provide the services to any users and may suspend a user’s access to the Platform at any time and at our discretion. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
20. Platform Modification: We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
20. Platform Payments: Portions of the Platform or specific services offered may require payment and you agree to pay for all costs, fees, and taxes listed. User authorizes Idaho Style or its third party payment processors to charge their method of payment at the time of purchase. Please be aware that purchases are completed via our third party payment processors. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, Idaho Style may suspend or terminate your access to any services of the Platform, without liability to us.
21. Taxes: Where Idaho Style does not charge you taxes for any purchases, you agree to pay any and all applicable taxes for your use and purchase of the services. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.
21. Subscription Plans and Automatic Renewals: For your convenience some services offered by Idaho Style may be made on a recurring subscription basis (“Paid Subscription”). Where you decide to purchase any Paid Subscriptions, your payment information shall be logged and you will be charged monthly for any Paid Subscriptions. YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT AT THE EXPIRATION OF YOUR INITIAL PAID SUBSCRIPTION, YOUR PAID SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL MONTHLY SUBSCRIPTION PERIODS (OR FOR THE SAME PERIOD AS YOUR INITIAL PAID SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON A RENEWABLE BASIS FOR THE PAID SUBSCRIPTION PLAN SELECTED BY YOU. If you wish to cancel your Paid Subscription please cancel through your dashboard or notify us by submitting a ticket. Upon cancellation of a Paid Subscription, portions of the Platform may become immediately inaccessible. Where your Paid Subscription has been cancelled or expired, we have no liability to you for any deleted, inaccessible, modified, or removed User Content.
21. Pricing and Price Incases: The pricing for any services or Paid Subscriptions is listed on Idaho Style’s Platform. Idaho Style may increase the price of any Paid Subscriptions or services, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Idaho Style shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase. Where you have rejected a price increase, you may be unable to access portions of the Platform. You agree that Idaho Style has no obligation to offer any services or Paid Subscriptions for the price originally offered to you at sign up.
21. Refunds: As we offer online services, we cannot offer refunds for any Paid Subscriptions or any paid services. Please be aware that all purchases are final. However, Idaho Style wants you to be satisfied with our services and thus we offer a 30 Day Satisfaction Guarantee. If you are dissatisfied with any of our services, please contact us by submitting a ticket within thirty (30) days of receiving your order report. Once we have received your communication, we will communicate with you to understand your concerns and will assist in rectifying any dissatisfaction caused by our services. Please note, with our PPC Management service: while our satisfaction guarantee applies to the management fee, we are unable to offer refunds for any ad spend paid to Google. Once ad spend payments are made to Google, they are final.
21. Deliverables: When using the Platform, user may be entitled to receive press releases, blog posts, or other creative content (collectively the “Deliverables”) upon purchase of our services. Contingent on complete and timely payment, Idaho Style shall assign to user all right, title, and ownership interest to any Deliverables purchased by the user. Where user has failed to pay for any Deliverable in a timely manner, Idaho Style reserves the right to withhold or demand the return of any Deliverable from the user. Unused promotional and non-promotional Deliverables will expire after 1 year. If there are any discrepancies, please contact Idaho Style by submitting a ticket.
21. Estimates: Please be aware that some of our services provided may list estimated dates and timelines for delivery or completion (“Estimated Dates”). Although, Idaho Style shall attempt to deliver all services by the Estimated Dates listed on the Platform, these Estimated Dates are merely good faith estimates and are non-binding in nature. Idaho Style reserves the right to modify, alter, or extend any Estimated Dates at our discretion. Idaho Style is not responsible or liable for any failure to provide any services before any Estimated Dates listed on the Platform. Idaho Style reserves the right to automatically approve all types of orders waiting for client approval. Automatic approvals will vary with the product but will only occur after 10 days of inactivity with the order in question. Oral or written statements made by any agents, employees, or contractors of Idaho Style regarding any Estimated Dates are non-binding and do not alter any contractual agreements between Idaho Style and any users.
22. Disclaimer: THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER IDAHO STYLE, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE PLATFORM; (2) ANY INFORMATION PROVIDED VIA THE PLATFORM; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO IDAHO STYLE, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
IDAHO STYLE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. IDAHO STYLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. THE HOTH DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE HOTH SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
23. Limitation of Liability: IN NO EVENT SHALL Idaho Style, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IDAHO STYLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM INCLUDING THE SERVICES, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (5) ANY FAILURE OR DISRUPTION OF SERVICES WHETHER INTENTIONAL OR UNINTENTIONAL, OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by Idaho Style’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM INCLUDING OUR SERVICES.
24. Indemnity: You agree to defend, indemnify and hold harmless Idaho Style, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to Idaho Style Platform including any services;
- your violation of any term of this Agreement;
- your interactions with any other uses or third parties; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of Idaho Style Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
25. Choice of Law: This Agreement shall be governed by the laws in force in the state of Idaho. The offer and acceptance of this contract is deemed to have occurred in the state of Idaho.
26. Termination: You may cancel your Paid Subscription or your account at any time via your Idaho Style dashboard or by submitting a ticket. Any refunds are subject to the refund terms contained in this Agreement. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or as permitted by the Platform; or (3) if we believe that any of your actions may legally harm Idaho Style or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.