Terms of Service

By submitting the online order form, or by using Creative Suites' service, Customer hereby agress to Creative Suites' Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.

Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of "us", "we", "our", and "ours" shall refer to Creative Suites, a private and indivually owned business, and all its parents, subsidiaries, sucessors, and assigns. The usage of "you", "your", "they", and "them" shall refer to the Customer of Creative Suites.

Customer agress that it shall comply with this TOS, Creative Suites' Acceptable Use Policy (AUP), and Creative Suites' No-Spam Policy (NSP). Customer further agrees that it has read Creative Suites' Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word "Agreement," with a capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. General Terms

In consideration of hosting, design, maintenance, and setup services to be delivered, Customer agrees to be bound by the following terms and conditions:

• 1.1 Customer agrees to pay, in advance of each yearly or monthly service term, for hosting, design, maintenance, and setup services to be rendered.
• 1.2 Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that my require Customer to order Creative Suites' service for a certain minimum period of time.
• 1.3 Customer agrees to a no-refund policy in advande. Design, setup, maintenance, hosting, and web hosting service fees are non-refundable.
• 1.4 Non-Payment of services shall result in a 7-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
• 1.5 Creative Suites is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for Creative Suites' services.

2. Agreement for Services

• 2.1 Creative Suites will provide, and Customer will purchase and pay for, the Web hosting, designs, maintenance, and setup services (the "Services"), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

3. Payment

• 3.1 Establishment and provision of service is contingent upon receipt of payment from Customer to Creative Suites.
• 3.1.1 Customer must pay in full for the Services before Creative Suites begins to provide the Services to Customer.

4. Delinquent Accounts

Creative Suites may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due.

5. Account Cancellation

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the "Cancellation Request Form" which is provided on the Creative Suites Web site. You can find the "Cancellation Request Form" at the following Web page:

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. However, Customer understands and agrees that Creative Suites does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.

6. Refunds and Disputes

All payments to Creative Suites are nonrefundable. All billing disputes must be reported within thirty (30) days of the time the disput occurred.

7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.

8. Creative Suites reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

• 8.1 the Acceptable Use Policy, or
• 8.2 the No-Spam Policy

9. Backups

• 9.1 In order to allow us to provide the best service to you, Creative Suites accounts are backed up weekly. However, these backups are intended for Creative Suites' administrative purposes only. As part of its commitment to first-rate customer service, Creative Suites always seeks to create complete and accurate backups of customer accounts.
• 9.2 Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, CREATIVE SUITES DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
• 9.3 Customers are responsible for maintaining their own backups on their own personal computers or other computers.
• 9.4 Creative Suites does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Creative Suites' backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Creative Suites or any of its employees or agents, and regardless of whether Creative Suites had been informed of the possibility of such malfunction, or any other fault or negligence that might cause it.
• 9.5 In the event that you need to recover data from a backup, Creative Suites will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, CREATIVE SUITES DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
• 9.6 You understand and agree that Creative Suites' backup policy does not create any warranties for whose breach Creative Suites can be held liable.

10. Customer agrees to defend, indemnify, and hold harmless Creative Suites, and the parents, subsidiaries, successors, assigns, employees, and agents of Creative Suites against any losses, claims, damages, liabilities, penalties, actions, proceeding or judgements (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonalbe attonrenys' fees incurred by such indemnified party in connection with investigating, defending, or settling and Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

11. CREATIVE SUITES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF CREATIVE SUITES' SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILY, OR

11.2 ANY LOSS OF DATA RESULTING FROM THE DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

12. CREATIVE SUITES PROVIDES THE SERVICES AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CREATIVE SUITES DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLEY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND CREATIVE SUITES SHALL HAVE NO LIABILITY THEREFOR.

13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE SUITES DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

14. CREATIVE SUITES DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

15. No Waiver of Rights by Creative Suites

Any failure by Creative Suites to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Creative Suites' rights.

16. Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGEMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

17. Notices

• 17.1 From Creative Suites to Customer. Creative Suites will notify you by e-mail of nay notices that Creative Suites is required to provide to you under this Agreement, at the most current e-mail address you have provided to Creative Suites. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Creative Suites has your most current e-mail address, and Creative Suites shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliveralbe e-amil that Creative Suites sends to the most current e-mail address you have provided to Creative Suites.
• 17.2 From Customer to Creative Suites. Unless otherwise specified in this Agreement, notices to Creative Suites shall be sent to the following address: cs@creative-suites.com

18. Currency

All monetary amounts to which this Agreement refers shall be in United States dollars.

19. Entire Agreement

This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Creative Suites, and supersedes any prior or previous agreements between you and Creative Suites with respect to the subject matter of this Agreement; provided, however, that you shall be subject to any additional terms and conditions of which Creative Suites notifies you from time to time, pursuant to this Agreement.

20. No Oral Modification of this Agreement

This Agreement may not be modified orally.

21. Force Majeure

Creative Suites shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Creative Suites.

22. Severability of Terms of this Agreement

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

23. Limitation of Actions Arising Under this Agreement

Any cuase of action you may have with respect to Creative Suites' performance or alleged non-performance of this Agreement must be commence within one (1) year after the claim or cause of action arises or such claim or cause of action if forever barred.

24. Denail of Service

Creative Suites reserves the right to refuse or discontinue service to anyone at our sole discretion.

25. Abuse of Creative Suites Staff or Support Personnel

• 25.1 At Creative Suites, we take pride in providing excellent service to all of our customers. It is our policy to always treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
• 25.2 If our staff feels that you are consistantly engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days' notice.
• 25.3 Abusive conduct includes, but is not limited to, the following behaviors:
  • Repeatedly addressing members of our staff in a demeaning or rude manner;
  • Using profanity in any oral or written communications with out staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
  • Yelling or shouting at our staff;
  • Deliberately using all capital (uppercase) letters in any written communication to our staff;
  • Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
  • Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.

26. No Free Services to Be Offered

YOU may not use YOUR web hosting account to offer any of the following kinds of FREE services but are not limited to:

• Free Web hosting services;
• Free e-mail services;
• Free blogging services;
• Free home pages;
• Free image hosting;
• Free trial accounts

There are several reasons for these prohibitions on free services. The reasons include, but are not limited to, the following:

First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.

Second, OUR customers are all paying for prompt, reliable service and WE have built a solid reputation for delivering excellent service to them. WE cannnot risk having unidentified persons damage OUR reputation.

Third, users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.

Fourth, spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose OUR server to severe abuse and could harm US, all of OUR customers, and all the customers on OUR server.

Fifth, free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as OUR policies, WE must prohibit them.

If YOU violate this prohibition on free services, WE may suspend or terminate YOUR account immediately, with or without notice, as WE in our sole discretion deem necessary to address the situation.

27. Adult Oriented Work

No services will be granted to any non-commercial or commercial adult oriented site. Furthurmore, all hosting accounts agree that they will not publish any adult oriented material on their site. If you're caught with adult oriented material on your hosting account, you will be asked to take it off. Failure to do so will result in termination.

28. Designs

All designs were recreated for you, and only you. You may not redistribute graphics for free or monetary worth, nor may you claim any designs as yours.