Geek Speak

This document includes the terms and conditions that apply to the use of the services and products available through Wyohost LLC.

Web Hosting Agreement

The following terms and conditions govern all use of the Wyohost.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Wyohost (“Wyohost”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Wyohost’s Privacy Policy) and procedures that may be published from time to time on this Site by Wyohost (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WyoHost, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your WyoHost.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and WyoHost may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause WyoHost liability. You must immediately notify WyoHost of any unauthorized uses of your blog, your account or any other breaches of security. WyoHost will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by WyoHost or otherwise.

    By submitting Content to WyoHost for inclusion on your Website, you grant WyoHost a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, WyoHost will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, WyoHost has the right (though not the obligation) to, in WyoHost’s sole discretion (i) refuse or remove any content that, in WyoHost’s reasonable opinion, violates any WyoHost policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WyoHost’s sole discretion. WyoHost will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay WyoHost the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal. 
      Unless you notify WyoHost before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to WyoHost in writing.
  4. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay WyoHost the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. WyoHost reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to WyoHost.
    • Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by WyoHost to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free WyoHost.com services. All support will be provided in accordance with WyoHost standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. WyoHost has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, WyoHost does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WyoHost disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WyoHost.com links, and that link to WyoHost.com. WyoHost does not have any control over those non-WyoHost websites and webpages, and is not responsible for their contents or their use. By linking to a non-WyoHost website or webpage, WyoHost does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WyoHost disclaims any responsibility for any harm resulting from your use of non-WyoHost websites and webpages.
  7. Copyright Infringement and DMCA Policy. As WyoHost asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WyoHost.com violates your copyright, you are encouraged to notify WyoHost in accordance with WyoHost’s Digital Millennium Copyright Act (“DMCA”) Policy. WyoHost will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WyoHost will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WyoHost or others. In the case of such termination, WyoHost will have no obligation to provide a refund of any amounts previously paid to WyoHost.
  8. Intellectual Property. This Agreement does not transfer from WyoHost to you any WyoHost or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WyoHost. WyoHost, WyoHost.com, the WyoHost.com logo, and all other trademarks, service marks, graphics and logos used in connection with WyoHost.com, or the Website are trademarks or registered trademarks of WyoHost or WyoHost’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WyoHost or third-party trademarks.
  9. Advertisements. WyoHost reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. WyoHost reserves the right to display attribution links such as ‘Blog at WyoHost.com,’ theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
  13. Changes. WyoHost reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WyoHost may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 
  14. Termination. WyoHost may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WyoHost.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by WyoHost if you materially breach this Agreement and fail to cure such breach within thirty (30) days from WyoHost’s notice to you thereof; provided that, WyoHost can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
  15. Disclaimer of Warranties. The Website is provided “as is”. WyoHost and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WyoHost nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will WyoHost, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WyoHost under this agreement during the twelve (12) month period prior to the cause of action. WyoHost shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the WyoHost Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless WyoHost, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between WyoHost and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WyoHost, or by the posting by WyoHost of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Wyoming, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Park County, Wyoming. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Park County, Wyoming, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WyoHost may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Website Maintenance Agreement

This Website Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees and agents (collectively “Client”) and applies to the purchase of all monthly website maintenance services (hereinafter collectively referred to as “Maintenance Services”) ordered by Client.

Term and Termination

This Agreement shall be effective as of the time frame Client signs up for Maintenance Services. This Agreement may be terminated by either party upon 30 day written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Wyohost LLC (i) immediately if Client fails to pay any fees hereunder; or (ii) if Client fails to cooperate with Wyohost LLC or hinders Wyohost LLC’ ability to perform the Maintenance Services hereunder.

Maintenance Services

Wyohost LLC agrees to provide Client with Maintenance Services as described in this Agreement. Maintenance Services include:

  • Updates to text, images, and other minor changes to Client’s website pages. The amount of time dedicated towards these tasks each month will be determined by the Maintenance Package purchased by Client at the time of signup.
  • Any website support requests, above and beyond what is outlined in package, or WordPress questions requiring a response by Wyohost LLC will count towards the monthly allotted time.
  • Upgrades to Client’s content management system, including plugins and themes.*
  • Cloud backup of website on a daily, weekly, or monthly basis, depending on Maintenance Package purchased.*
  • Recovery of website files from backups.*
  • Uptime monitoring (if included in package purchased).*
  • Regular security scans (if included in package purchased).*

*These are tasks that are done throughout the month and will be detailed in your monthly report. Some items, such as updates, only occur when necessary and when we know the update is a stable version and it is okay to proceed.

Malware, Spam, or Malicious Code

  • Removal of malware, spam, and malicious code from Client’s website is available for an additional charge of $199 per incident for clients who are on a maintenance plan at the time of infection.
  • Removal of malware, spam, and malicious code that is existing on a website when a Client signs up for a maintenance plan will be charged at a rate of $499 for removal. This charge includes a one year subscription to WordFence Premium ($99 value) after removal has been done. This charge does not include working with Google or other search engines on your behalf to solve any issues your infection as caused you with their services.

Fees; Limitations on Refunds and Cancellation Fees

Client agrees to pay Wyohost LLC any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any Maintenance Services. THE Client FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY Client, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. THE Client FURTHER AGREES TO PAY UPON CANCELLATION ANY OTHER AMOUNTS DUE TO NORA KRAMER DESIGNS FOR WORK PROVIDED AT CLIENT’S REQUEST ABOVE AND BEYOND THE MONTHLY ALOTTED TIME OF MONTHLY AGREEMENT. NORA KRAMER DESIGNS IS HEREBY AUTHORIZED TO CHARGE CLIENT’S CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY CLIENT TO NORA KRAMER DESIGNS.

Client Responsibilities

For the purposes of providing these services, Client agrees:

  • To properly convey to Wyohost LLC the information that needs to be changed or added.
  • To answer any questions from Wyohost LLC, in regards to task work on website, promptly.
  • To provide Wyohost LLC with access to its website for creating new pages, and making changes for the purpose of providing Maintenance Services.
  • To provide Wyohost LLC access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on hosting provider.

Client Acknowledgements – Client understands, acknowledges and agrees that:

  • The amount of time allotted for updates to text, images, and other minor changes, is determined by the Maintenance Package that they purchased and will be billed in fifteen (15) minute increments.
  • Client understands that all work for monthly maintenance tasks will be scheduled according to Wyohost LLC’ workflow. We have a process and maintain sites for many Clients, therefore all website updates work that counts towards your monthly time allotment is done on a first come first serve basis, except in the case of a total website down issue, which would be considered an “emergency.”
  • Failure by Client to answer a question critical to the completion of a task within 5 business days may cause that task to be “bumped” and moved to the “end of the line” in our work queue. Depending on the time of month, this could cause that task to roll over into the next month’s bucket of update requests.
  • Once the time allotted in their Maintenance Package has been reached for the month, any unfinished tasks on the Client’s task list will be rolled into the next month for processing.
  • All monthly updates are scheduled at our convenience and in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
  • Should the Client wish to have additional tasks completed in the same month, they will be billed on an hourly basis of $100 per hour less the discount rate provided for such work in the Maintenance Package that they purchased.
  • Client understands that if they provide Wyohost LLC with a maintenance task and the task has been completed, then they wish to make changes to the task, any additional time to make these changes will count towards the monthly allotment of time.
  • Website updates exclude, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
    Website updates do not include website redesign, re-alignment or re-development equalling more than 50% change to web page, web graphics on the website (i.e. 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%).
  • CMS design, integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums are not considered “minor” changes and therefore are not included in the Maintenance Agreement. These require a separate design or development agreement.
  • Maintenance Agreement does not include training on how to use your website, WordPress, or email.
  • Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing.
  • All communications will be done during regular business hours, which are Monday through Friday from 9:00 AM to 5:00 PM (EST).
  • Wyohost LLC has no control over your hosting company, unless Wyohost LLC IS your hosting company, in regards to server downtime, incompatibilities with software, PHP compatibility issues, etc.
  • Wyohost LLC is not responsible for Client’s email issues or troubleshooting problems on their own computer. Our role is toe maintain and keep your website running at it’s optimal capabilities. We are not your IT team.
  • Wyohost LLC has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Client’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
  • Additional fees could be charged if the information provided has to be typed and exceeds the amount of time to do that is allotted in our Maintenance Package.
  • If changes are made by Wyohost LLC according to Client’s information, and the changes are not correct, additional time to remedy the changes fall under the time allotted each month.
  • Unused time is not accumulative. Unused time does not transfer from month to month. Maintenance Services time is strictly month to month.
  • Wyohost LLC is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
  • Wyohost LLC is not responsible for changes made to Client’s web site(s) by other parties, including the Client themself.
  • During the duration of this contract, the Client agrees that Wyohost LLC will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the web site. If a party, including the Client, other than Wyohost LLC makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate specified above.
  • Wyohost LLC is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.
  • Wyohost LLC will not repair Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
  • Recovery or repair of Client’s website is not guaranteed.
  • Availability of backups is not guaranteed.

Scheduling of Maintenance Tasks – Because of the nature of our business, we are juggling multiple maintenance clients, on top of several large web design projects, at any given time. Because time is at a premium, we don’t take on more Clients than we can handle, however, scheduling is a priority for us. We schedule all work for the month in advance to maintain a workflow that is conducive for our business and for all of our Clients. When we take on a maintenance Client they are given a set amount of time in our schedule for maintenance tasks that can be done each month that are counted towards their monthly time allotment. Please understand that the scheduling of these tasks is totally at the discretion of Wyohost LLC. The only time we “bump” one Client’s tasks for another Client’s place in line is in the case of an emergency. Unless a website problem interrupts your business monetarily, for instance an eCommerce site that goes down or has problems with checkouts, or it is totally down or offline, it is not considered an emergency. We will provide the amount of time you have contracted for each month towards updates, however we do it in accordance with our schedule. This is the only way we can be fair to all of our Clients.

Additional Services – Additional services not listed herein will be provided for a fee of $100.00 per hour. Wyohost LLC is not responsible for search engine optimization (SEO), developing new content, or writing new copy for Client. Client will be charged an additional fee for writing content, based on the hourly rate of $100.00 per hour (discounted fees do not apply toward this type of work). Clients who need SEO work done must sign up for one of our SEO Packages.

Indemnification – Client shall indemnify and hold harmless Wyohost LLC (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Wyohost LLC as a result of any claim, judgment, or adjudication against Wyohost LLC related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Wyohost LLC (the “Client Content”), or (b) a claim that Wyohost LLC’ use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Wyohost LLC must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defense and all related negotiations.

Disclaimer of All Other Warranties – Wyohost LLC DOES NOT WARRANT THAT THE MAINTENANCE SERVICES WILL MEET THE Client’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH Client. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, NORA KRAMER DESIGNS PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

Limited Liability – IN NO EVENT SHALL NORA KRAMER DESIGNS BE LIABLE TO Client FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. NORA KRAMER DESIGNS MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

Client Representations – Client makes the following representations and warranties for the benefit of Wyohost LLC:

  • Client represents to Wyohost LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Wyohost LLC are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Wyohost LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by Client.
  • Client guarantees to Wyohost LLC and unconditionally guarantees that Client’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
  • Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Wyohost LLC for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Nora Kramer Designs and its subcontractors from any liability or suit arising from the use of such elements.
  • From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce.
  • Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Wyohost LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Client’s exercise of Internet electronic commerce.

Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Wyohost LLC and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

Force Majeure – Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

Relationship of Parties – Wyohost LLC, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Client does not undertake by this Agreement, or otherwise, to perform any obligation of Wyohost LLC, whether by regulation or contract. In no way is Wyohost LLC to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.

Notice and Payment – Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by certified, registered or Express mail, return receipt requested or by Federal Express. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

Jurisdiction/Disputes – This Agreement shall be governed in accordance with the laws of the State of Florida. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Florida including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

Agreement Binding on Successors – The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

Assignability – Client may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Wyohost LLC. Wyohost LLC reserves the right to assign subcontractors as needed to this project to ensure on-time completion.

Waiver – No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

Severability – If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

No Inference Against Author – No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

Disputes – Client and Wyohost LLC agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Hernando County, Florida and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Florida sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Florida or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

Read and Understood – By purchasing a Maintenance Package, Client acknowledges that they have read and understand this Agreement and agree to be bound by its terms and conditions.

Privacy Policy

Wyohost LLC (“Wyohost LLC“) operates Wyohost LLC.com and may operate other websites. It is Wyohost LLC’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Wyohost LLC collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Wyohost LLC’s purpose in collecting non-personally identifying information is to better understand how Wyohost LLC’s visitors use its website. From time to time, Wyohost LLC may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Wyohost LLC also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Wyohost LLC.com blogs/sites. Wyohost LLC only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to Wyohost LLC’s websites choose to interact with Wyohost LLC LLC in ways that require Wyohost LLC LLC to gather personally-identifying information. The amount and type of information that Wyohost LLC gathers depends on the nature of the interaction. For example, we ask visitors who sign up at Wyohost LLC to provide a username and email address. Those who engage in transactions with Wyohost LLC are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Wyohost LLC collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Wyohost LLC. Wyohost LLC does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Wyohost LLC may collect statistics about the behavior of visitors to its websites. Wyohost LLC may display this information publicly or provide it to others. However, Wyohost LLC does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Wyohost LLC discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Wyohost LLC’s behalf or to provide services available at Wyohost LLC’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Wyohost LLC’s websites, you consent to the transfer of such information to them. Wyohost LLC will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Wyohost LLC discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Wyohost LLC believes in good faith that disclosure is reasonably necessary to protect the property or rights of Wyohost LLC, third parties or the public at large. If you are a registered user of an Wyohost LLC website and have supplied your email address, Wyohost LLC may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Wyohost LLC and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Wyohost LLC takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Wyohost LLC uses cookies to help Wyohost LLC identify and track visitors, their usage of Wyohost LLC website, and their website access preferences. Wyohost LLC visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Wyohost LLC’s websites, with the drawback that certain features of Wyohost LLC’s websites may not function properly without the aid of cookies.

Business Transfers

If Wyohost LLC, or substantially all of its assets, were acquired, or in the unlikely event that Wyohost LLC goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Wyohost LLC may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Wyohost LLC and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Wyohost LLC may change its Privacy Policy from time to time, and in Wyohost LLC’s sole discretion. Wyohost LLC encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a Wyohost LLC.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Acceptable Use Policy (AUP)

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Wyohost LLC, Inc., as well as its subsidiaries and sister companies (“Wyohost and WyomingWP”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Wyohost LLC. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Wyohost LLC service(s) or products or to cancel Your Wyohost LLC service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Wyohost LLC’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

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