Terms of Agreement:
The above named client is engaging dotLaunch Technologies, a sole proprietor, located in Alameda County, California as an independent contractor for the specific project as defined by this document.
Assignment of Project
dotLaunch Technologies reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Any revisions, additions or redesign client wishes dotLaunch Technologies to perform not specified in this document shall be considered "additional" and will require a separate Agreement and payment.
Copyrights and Trademarks
The client represents to dotLaunch Technologies and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to dotLaunch Technologies for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend dotLaunch Technologies and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Client certifies that he or she is at least 18 years of age.
Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
Client hereby agrees to indemnify and hold harmless dotLaunch Technologies from any claim resulting from Client’s publication of material or use of those materials. dotLaunch Technologies may or may not give notice before deactivating the use of an account, which we decide is an abusive or unethical use of, or a potentially illegal use of the Web Hosting account or host server. Client hereby agrees to indemnify and hold harmless dotLaunch Technologies in any claim resulting from the submission of illegal materials.
Under no circumstances, including negligence, shall dotLaunch Technologies, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use dotLaunch Technologies’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to dotLaunch Technologies’ records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on dotLaunch Technologies' services.
Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
Client agrees that it shall defend, indemnify, save and hold dotLaunch Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against dotLaunch Technologies, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sole by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless dotLaunch Technologies against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with dotLaunch Technologies’ service, any material supplied by Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which Client has sold in the Web Design.
Laws Affecting Electronic Commerce
The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend dotLaunch Technologies and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce.
Copyrights to Web Pages
Copyright to the finished assembled work of Web pages produced and designed by dotLaunch Technologies shall be vested with the client upon final payment of contract amount due upon final completion of said Web pages. This ownership is to include design, photos, graphics, source code, work-up files, text, any program(s) specifically designed for these particular Web pages. It is mutually agreed that any design changes to these Web pages must have mutual consent of both parties. dotLaunch Technologies and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
dotLaunch warrants that for the one hundred eighty (180) days following the date of delivery of the website to you, as evidenced by the signed contract, that:
- the website will perform substantially the functions described in the proposal and documentation provided by dotLaunch.
- your sole remedy under the warranty during this one hundred eighty (180) day period is that dotLaunch will undertake to correct within a reasonable period of time any reported "website error" (failure of the website to perform substantially the functions described in the documentation) without additional costs. These are your sole and exclusive remedies for any breach of warranty during this one hundred eighty (180) day period.
The above warranties are exclusive and in lieu of all other warranties, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
No oral or written information or advice given by dotLaunch, its employees, distributors, dealers or agents shall increase the scope of the above warranties or create any new warranties. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In that event, any implied warranties are limited in duration to ninety (90) days from the date of delivery of the website. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
This Limited Warranty is void if failure of the Website product has resulted from abuse or misapplication.
Limitation of remedies
Regardless of whether any remedy set forth herein fails of its Essential purpose, in no event will dotLaunch be liable to you for any special, consequential, indirect or similar damages, including, without limitation, damages for loss of business profits, business Interruption, loss of data or business information (or other Pecuniary loss) arising out of the use of or inability to use the Website or any data supplied therewith even if dotLaunch or anyone else has been advised of the possibility of such damages, or for any claim by any other party.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or Exclusion may not apply to you.
In no case shall dotLaunch’s liability exceed the total price of the project as defined by this document.
Client agrees that dotLaunch Technologies may put a byline on the bottom of one page of the Web Page establishing authorship credit and/or use the finished design in their portfolio.
Non-Disclosure / Privacy
dotLaunch Technologies, its employees and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever, or sell/distribute any content, photos or other materials to a third party. Client may at any time request a signed Non-Disclosure Agreement.
In the event that Work is postponed or cancelled at the request of the Client by registered letter, dotLaunch Technologies shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by dotLaunch Technologies and dotLaunch Technologies shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of dotLaunch Technologies.
Payment of Fees
In order for dotLaunch Technologies to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $15.00 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. dotLaunch Technologies reserves the right to remove Web pages from viewing on the Internet until final payment is made. In the case that collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by dotLaunch Technologies Services. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Alameda County, California, and any dispute will be litigated or arbitrated in Alameda County, California.
Whereas the following Agreement is made between DOTLAUNCH TECHNOLOGIES (DOTLAUNCH) and the Web Hosting customer, who will be referred to in this document as "Customer". The parties agree to the following, which shall apply during the term of this agreement:
- "Plans" or "Packages" means proposals for offering various services to be provided by DOTLAUNCH, as listed online at: http://www.dotlanch.com
- "Customer" means an end user who is utilizing Web Hosting services provided by DOTLAUNCH.
ORDER ACCEPTANCE, PAYMENT
- All orders are subject to acceptance by DOTLAUNCH. An order will be deemed accepted by DOTLAUNCH when written (e-mail) confirmation of the order is sent to Customer. DOTLAUNCH may refuse to accept or delay acceptance of any order for any reason.
- Payment and Terms: Payment shall be made in US dollars to DOTLAUNCH. Payments are due upon account activation and by monthly renewal. If due to bank charges, transfer fees, or the like, DOTLAUNCH should receive less than its invoice amount, DOTLAUNCH will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by DOTLAUNCH within thirty (30) days after activation or monthly renewal invoice date, DOTLAUNCH may discontinue, withhold, or suspend services to Customer.
- Any cancellation by customer of hosting service must be made in writing (via email or postal). Any customer-selective cancellation without proper notification to DOTLAUNCH will not be subject to refund of monies or liability for loss of data.
DUTIES OF DOTLAUNCH
DOTLAUNCH will acquire an Internet Domain Name (only from the InterNIC) on behalf of the Customer, as specified. Any costs of DOTLAUNCH in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to DOTLAUNCH upon invoice from DOTLAUNCH to Customer.DOTLAUNCH does not warranty that it's registration services are successful, whether a domain is actually acquired or reserved on behalf of Customer. Under no circumstances will DOTLAUNCH be held reliable for losses or damages suffered by Customer resulting from delays in the registration process or failure to acquire such said intellectual property.
LIMITATION OF DOTLAUNCH's OBLIGATIONS AND LIABILITY
- DOTLAUNCH will utilize its best efforts to maintain acceptable performance of services contracted for, but DOTLAUNCH makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. DOTLAUNCH cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. DOTLAUNCH will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. DOTLAUNCH shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of DOTLAUNCH.
- DOTLAUNCH may discontinue servicing any Plan, or may require fulfillment of conditions DOTLAUNCH may choose to impose as a prerequisite for continuing to service any Plan. DOTLAUNCH agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to DOTLAUNCH. The following activities are specifically not allowed by DOTLAUNCH and will result in IMMEDIATE account termination: Running ADULT web sites, Running HATE web sites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, GAMBLING web sites, or any sites promoting or participating in ILLEGAL activities.
- DOTLAUNCH's liability to Customer, and any end user of any Plan or other DOTLAUNCH services is limited to the amount paid to and received by DOTLAUNCH for services not accepted. In no event shall DOTLAUNCH be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if DOTLAUNCH has been advised of the possibility of such damage.
- Customer will take all necessary measures to preclude DOTLAUNCH from being made a party to any lawsuit or claim regarding DOTLAUNCH services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless DOTLAUNCH from any and all claims of whatever nature brought by any of Customer's customers against DOTLAUNCH in excess of the remedy set forth in paragraph 4(C) .
DOTLAUNCH owns all rights, titles and interests in DOTLAUNCH's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use DOTLAUNCH's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans.
RELATIONSHIP OF THE PARTIES
The relationship between DOTLAUNCH and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of DOTLAUNCH, or in any other way legally bind DOTLAUNCH in any fashion, nor shall Customer be authorized to make any representations about DOTLAUNCH or its services other than to set forth DOTLAUNCH's responsibilities as outlined in this agreement.
APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by DOTLAUNCH in California. It is to be governed by and construed under the laws of the State of California and the United States of America. The federal and state courts of the State of California shall have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of California and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by DOTLAUNCH. To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.
ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. DOTLAUNCH may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of DOTLAUNCH services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.
Users' privacy is very important to dotLaunch Technologies. We is committed to safeguarding the information that users entrust to dotLaunch Technologies.
The Information We Collect
dotLaunch Technologies may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. dotLaunch Technologies may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use "cookies" to track how Users use our Web site. A cookie is a piece of software that a Web server can store on the Users’ PC and use to identify the User should they visit the Web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.
How We Use Information
dotLaunch Technologies may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by dotLaunch Technologies and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users' experience with dotLaunch Technologies and such affiliates, independent contractors and business partners. dotLaunch Technologies may also use information collected through our Web Site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of dotLaunch Technologies, its trusted affiliates, independent contractors and business partners. At no time will dotLaunch Technologies' database of users ever be sold or given to any entity for the purpose of marketing or mailing lists.
Disclosure of Information
dotLaunch Technologies may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale of dotLaunch Technologies' business.
Maintenance of Information
Any information about Users that may be maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
Users may direct questions concerning this statement by contacting us. Users may elect not to receive solicitations from dotLaunch Technologies or from trusted affiliates, independent contractors and business partners by letting us know.