EMAIL TERMS OF SERVICE
Firewind Productions | 3514 8th Street C • Lewiston, ID 83501 | Last Updated: April 17, 2023
Thank you for using Firewind Productions! Before using our email services, please read this Terms of Service (the “Email Terms of Service”) carefully. This document is a legally binding contract between Firewind Productions and you, the Client (as defined below), for the use of the products and services provided by Firewind Productions (also known as the “Designer”) and as such, we have tried to make it as clear as possible. If you have any questions or concerns about our contracts, please contact us.
WHEREAS, Firewind Productions is a website design, development and information provider connected to the Internet, offering design, development, marketing, storage and data transfer services over the Internet through access to Firewind Productions' web server(s) and other service providers;
WHEREAS, the Client seeks to utilize the aforementioned server(s) for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Designer can make no guarantee that any given reader shall be able to access Firewind Productions' server or other service providers at any given time.
Firewind Productions represents that it shall make every good faith effort to ensure that servers are available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Lifetime Subscription Rate
The annual or monthly rate agreed upon at commencement of services for our email service package is ABSOLUTELY guaranteed not to increase for the life of your subscription. We promise that our rate will never go up as long as your subscription remains current. In the event of subscription cancellation, termination, or if Client switches to a different service package, the initial rate may no longer be available.
I. Commencement of Service
The email subscription begins on the day that the first month's payment or yearly prepaid subscription is received by Firewind Productions. This date is hereafter referred to as the Subscription Date. By making such payment for email services, Client expressly agrees to these terms of contract.
II. SUPPORT SERVICES
Email Support: Firewind Productions will be available for free phone/email/web tech support for the current email service subscription as needed for the website and any email addresses or other services hosted by Firewind Productions, for the life of Client's current email subscription. Support tickets can be entered by the Client at firewindproductions.com/support.
Email Training/Additional Services: Firewind Productions will be available for email training for the current service subscription at our special client rate of $65/hr. Scheduled on-site one-on-one or group training for one person per email address hosted by Firewind Productions will be available at no charge to clients in the Lewis-Clark Valley (within 15 miles of Firewind Productions). Additional personnel (beyond the scope of the selected package) will be billed on an hourly basis at the special client rate of $65/hour. For clients outside of the Lewis-Clark Valley, scheduled on-site training is available at no charge when our transportation costs are covered by the Client. For clients between 15 and 50 miles from Firewind Productions, mileage will be billed at a rate of $0.50/mile. For clients greater than 50 miles from Firewind Productions, the Designer will issue a quote for transportation costs. Please contact Jason Hackwith at 208-298-9083 for training session scheduling information.
Additional Design Work/Special Client Rate: Additional design services requested by the Client will be available at Firewind Productions' special client rate of $65/hr, a savings of about 24% from normal rates. Other packages may also be available at discounted rates.
III. Optional Upgrades/Subscription Modifications
Google Workspace. The Client may elect to upgrade to Google Workspace for a one-time charge of $50. Client is responsible for all fees charged by Google. Workspace is a third-party-service where the Client can have Google business applications hosted at their domain (Gmail, Drive, Sheets, Docs, etc.). This service can only be turned on for an entire domain name, and all other email subscribers at the domain have to agree to switch to Workspace before the upgrade can be performed.
IV. CONTRACT/Financial Arrangements/Termination
Client agrees to a twelve (12) month contract beginning upon commencement of service. This twelve (12) month contract begins on the date that initial payment is received (Subscription Date).
At the end of the contract term, the contract will automatically renew for a successive twelve (12) month period, indefinitely unless contract is terminated by giving the other party 30 days written notice. Firewind Productions will also accept termination by electronic mail.
Client may elect to receive annual or monthly billing. The monthly rate available will always be about ten percent (10%) of the yearly rate. In other words, by prepaying for the year, the Client receives approximately two months free.
If annual billing is chosen, the Client agrees to prepay for the twelve (12) month contract to receive an agreed-upon discounted rate, and will not be billed again for the email subscription until one year from the Subscription Date.
If monthly billing is chosen, Client agrees to make prompt payments by the fifth (5th) of each month for the next twelve (12) months.
If payment is not received by the due date, hosting, email, and other services may be temporarily disabled until payment is made. Payments 30 days past due may be considered a subscription cancellation, and Client may no longer qualify for the same subscription rate.
Violations of Firewind Productions' Terms of Service or Spam Policy may, at Firewind Productions' discretion, result in immediate disablement without refund.
Notwithstanding the above, Firewind Productions may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract, including non-payment.
V. Subscription Cancellation/EMAIL Transfer
EMAIL FILES. If email is hosted on Firewind Productions' servers, all files hosted under the Client's account will be deleted within 30 days of subscription cancellation unless file and data transfer is requested in writing. Firewind Productions reserves the right to charge a reinstatement fee for retrieval of such files, if possible. If the website, email, or other services are hosted with a third party service provider (for example, Google), the Client's service package with Firewind Productions will end but the Client may elect to continue their website and email hosting with the third party.
DOMAIN NAMES. If Firewind Productions is to remain the registrar for domain names used by the email, domain registration can be continued without an email service contract at our current rates, payable upon service subscription cancellation.
TRANSFER REQUESTS. Upon subscription cancellation, the Client may elect to have their email and other services previously provided by Firewind Productions transferred to a new host. This optional service is not available in all hosting conditions and is only available within thirty (30) days of account cancellation for a nonrefundable charge of $85/hour or $499; whichever is less. Most email transfers take a total of 1-1.5 service hours per site. If such a transfer service is requested, Firewind Productions will make every effort possible to transfer the email files and data to another host as requested. However, not every host may have the software and/or DNS resources necessary, and not all website functions may be possible to transfer. The Client will be informed about the details of the transfer before any charges are incurred and/or if such a transfer will not be possible. The Client will be responsible for all fees from third-party hosting services necessary for the site and/or email transfer setup and continued functionality.
In the event of subscription cancellation or termination, Firewind Productions will assume no responsibility for maintaining the email address unless a new service subscription is purchased. Firewind Productions reserves the right to charge any additional upgrade or maintenance fees necessary to bring the email to working order if a new service subscription is purchased. Also, in the event of subscription cancellation or termination, the Client will no longer be eligible for their previous quoted subscription rate in the event that a new service subscription is purchased.
VI. Material Products
Firewind Productions will exercise no control whatsoever over the content of the information passing through its network except as required by law.
Due to the fact that the Internet is neither owned nor controlled by any one entity, Firewind Productions can make no warranties or representations of any kind, whether expressed or implied, for the hosting, email, DNS, or other services it is providing. Firewind Productions also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Firewind Productions' servers is at the Client's own risk, and Firewind Productions specifically denies any responsibility for the accuracy or quality of information obtained through its hosting services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Firewind Productions expressly limits its damages to the Client for any hosting non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
The customer agrees to make use of Firewind Productions' servers primarily for the purpose of associated email functions. Servers are shared with other customers, and as such IRC-related activities, BitTorrent software, or severely CPU intensive CGI scripts (e.g. chat scripts, proxy scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) specifically may not be run on any Firewind Productions server, and if your processes are adversely affecting server performance disproportionately Firewind Productions reserves the right to negotiate additional charges with the Client and/or the discontinuation of the offending processes. Firewind Productions specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Firewind Productions may, at its option and at any time, reject material that violates this Terms of Use, including but not limited to after it has been put on Firewind Productions' Server. Firewind Productions agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Firewind Productions. If the Client fails to modify the material, as directed by Firewind Productions, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated and subscription will be canceled.
VII. Hardware, Equipment, & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Firewind Productions.
VIII. Age
The Client certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract. Client’s less than 18 years must have written approval from their parent or guardian.
IX. Internet Etiquette/Code of Conduct
Electronic forums such as mail distribution lists and other online groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of Firewind Productions may not be used to impersonate another person or misrepresent authorization to act on behalf of others or the Designer. All messages transmitted via Firewind Productions' servers should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning and Denial Of Service attacks of any kind. Any evidence of such unauthorized access attempts will result in an immediate termination of Client's account without refund.
X. Lawful Purpose/Anti-Spam Policy
Client may only use Firewind Productions' servers for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is strictly prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the Client does not hold the copyright or have obtained written permission) on Firewind Productions' server.
Email activities dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of Firewind Productions’ computer systems or network to access any system, service, or network without the owner's consent is expressly forbidden.
Client agrees to not have any content in their email that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Firewind Productions' servers for relaying unsolicited e-mail, usenet, or forum postings, or to use unsolicited e-mail, usenet, or forum postings to advertise for their site, product, or service. Client expressly agrees to Firewind Productions' Anti-Spam Policy, included in this document as a reference. The Anti-Spam Policy will also always be located at: https://firewindproductions.com/solutions/web/antispampolicy
Summing up, you will not use this Site or the Services in a manner (as determined by Firewind Productions in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
Promotes, encourages or engages in racism, sexism, terrorism, violence against people, animals, or property;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site; or
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.
Any complaint we receive about a violation of any of the preceding points will be taken very seriously and will result in immediate account cancellation without a refund.
XI. LIMITED LIABILITY
Client expressly agrees that use of Firewind Productions' Server is at Client's sole risk. Neither Firewind Productions, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Firewind Productions' server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Firewind Productions' Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Firewind Productions, its offices, agents or any one else involved in creating, producing or distributing Firewind Productions' server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Firewind Productions' server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Firewind Productions' records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Firewind Productions' Server service.
The Client agrees to indemnify and hold Firewind Productions harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
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 amount which Client paid during the term of this contract and any reasonable legal fee and court costs.
XII. INDEMNIFICATION
Client agrees that it shall defend, indemnify, save and hold Firewind Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Firewind Productions, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client,its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Firewind Productions against Liabilities arising out of
any injury to person or property caused by any products sold or otherwise distributed in connection with Firewind Productions' Server;
any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement;
any defective product which Client sold on Firewind Productions' servers.
XIII. CONTRACT REVISIONS
Revisions to this Contract will be applicable to previous Contracts. Contract will always be located at this address: firewindproductions.com/solutions/email/terms
Revisions will be considered agreed to by the Client on renewal of service as specified in Section - Financial Arrangements.
No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties.
XIV. TRANSFER
Client may not transfer this contract without the written consent of Firewind Productions.
XV. CONTRACT
These Terms and Conditions constitute the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
Any dispute regarding this agreement shall be arbitrated in Lewiston, Idaho under the rules of the American Arbitration Association and the laws of the State of Idaho. A waiver or breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Idaho and courts of such state shall have exclusive jurisdiction and venue.
