This Agreement between you and ThemeFreaks consists of
these Terms and Conditions. ThemeFreaks referred hereinafter as
'ThemeFreaks', 'our', 'we' and 'us.'
All accounts on our web servers, including reseller
and resold accounts, are subject to the terms and conditions described
in this document. Under the terms of this agreement, your placement of
information on our servers is an acknowledgment that you have read,
understand, and agree to be bound by terms and conditions below.
Our services may only be used for lawful purposes -
any use of these services which violates any laws which may apply to
ThemeFreaks, your local jurisdiction, or any jurisdiction that you or
your site may be subject to is strictly prohibited, it is your
responsibility to be aware of the laws in both the jurisdiction of
where our servers are located United States of America and your local jurisdiction.
Should one of your resold accounts be involved in any if these
activities then that domain will be suspended but your main domain and
all other domain you host will remain active.
ThemeFreaks reserves the right to require changes or
disable as necessary any web site, account, database, or other
component that does not comply with this policy. ThemeFreaks also
reserves the right to make any such modifications in an emergency at
our sole discretion.
You agree to indemnify, defend, and hold harmless
ThemeFreaks from any and all liability, penalties, losses, damages,
costs, expenses, attorney fees, causes of action or claims caused by or
resulting indirectly from your use of the service which damages either
you, ThemeFreaks, or any other party or parties without limitation or
ThemeFreaks makes no warranties or representations of
any kind for the services being offered. The service is provided on an
"as is" and "as available" basis without warranties of any kind, either
express or implied, including but not limited to warranties of title,
non-infringement, or implied warranties of merchantability or fitness
for a particular purpose. No advice or information given by ThemeFreaks
or its agents or employees shall create a warranty. Under no
circumstances shall ThemeFreaks be liable for any direct, indirect,
special, punitive, or consequential damages that result in any way from
your use of or inability to use the service, or for third parties' use
of the service to access your Web space, or to access the Internet or
any part thereof, or your or any third parties' reliance on or use of
information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or
transmission, or any failure of performance.
You understand that by placing information on
ThemeFreaks servers that such information becomes available to all
Internet users and that ThemeFreaks has no way of limiting or
restricting access to such information or protecting such information
from copyright infringement. You assume total responsibility and risk
for your use of ThemeFreaks servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness
of all opinions, advice, services and other information, and the
quality and merchantability of all merchandise provided through
ThemeFreaks or on the Internet generally.
Your use of the service is at your sole risk.
ThemeFreaks is not responsible for files and data residing on your
account. You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup of files and data
stored on ThemeFreaks servers.
You agree not to interfere with the operation of the
system. You further agree not to interfere with the proper operation of
other systems reachable through the Internet, including any attempt at
unauthorized access. You agree to adhere to system policies as
published by ThemeFreaks, including restrictions on services available
with each service type, restrictions on certain features, and all other
policies. You agree to abide by any and all future ThemeFreaks policy
Payment & Other Information
You agree to supply appropriate payment for the
services received from ThemeFreaks, in advance of the time period during
which such services are provided. You agree that until and unless you
notify ThemeFreaks of your desire to cancel any or all services
received, those services will be billed on a recurring basis.
This agreement supersedes any written, electronic, or
oral communication you may have had with ThemeFreaks or any agent or
representative thereof, and constitutes the complete and total
agreement between the parties. Should any provision of this agreement
is determined to be invalid or unenforceable, all other provisions
shall remain in full force and effect and said provision shall be
reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place
information on ThemeFreaks servers you are stating and acknowledging
that you have read the aforementioned terms and conditions and that you
understand such terms and conditions and agree to be bound by them.
Full backups are made daily. No guarantees are made as to the integrity
of these backups. It is the clients responsibility to maintain local
copies of their web content and information.
ThemeFreaks guarantee an uptime of 99% in any calendar
month. Should we not reach this we will credit your account with 100%
of your monthly fee, upon receipt of a refund request.
Account can be canceled at any time. All cancellation
requests must be submitted by emailing the webmaster
person listed as the main account contact. While there are no
cancellation fees, you must cancel prior to your next billing cycle.
Payments made up to your cancellation date are not refundable. You must
include your account username and password for verification.
Any decision made by ThemeFreaks under this Agreement
shall be final. ThemeFreaks shall have no liability for any such
decision. You will be responsible for all reasonable expenses
(including attorney fees) incurred by ThemeFreaks in collecting unpaid
amounts under this Agreement. This Agreement shall be governed by the
laws of United States of America. Any dispute or claim arising out of or in connection
with this Agreement shall be adjudicated in United States of America. This constitutes
the entire agreement between the parties with respect to the subject
matter hereof. You may not resell, assign, or transfer any of its
rights hereunder. Any such attempt may result in termination of this
Agreement, without liability to ThemeFreaks and without any refund. The
relationship(s) between ThemeFreaks and the "Partners" is not one of a
legal partnership relationship, but is one of independent contractors.
This Agreement shall be construed as if both parties jointly wrote it.