Hereafter we refer to BlackWire Marketing, LLC as "the Company". The BlackWire Marketing, LLC Client Contract is the contract between the Company and the Hosting Client and/or Affiliate (You).
You agree that Oregon law, excluding conflict of laws principles, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Eugene, Oregon. You consent to the exclusive jurisdiction of such courts. You agree that in no event will the Company be liable to you for any special, incidental or consequential damages. You agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive.
You agree that you are responsible to pay all applicable taxes, and to obtain all relevant licenses and permits associated with the legal operation of your enterprise. You assume full responsibility for your decision to use BlackWire Marketing, LLC's affiliated services.
The Company offers the hosting service "as is" and disclaims any implied warranties including for merchantability, fitness for a particular purpose, and non-infringement. You understand that the Company reserves the right to delay, suspend or refuse payment of any portion of your affiliate earnings at any time.
You understand that the Company reserves the right to close your hosting service if the terms of this policy are violated and/or close any affiliate account at any time. You understand that the Company reserves the right to modify the BlackWire Marketing, LLC and/or Affiliate Client Contract at any time.
When a customer purchases a web hosting account, the client is required to either register a new domain name and the registrar of choice or provide a domain the client already owns.
If the customer does not own a domain at the time of purchase, the client is required to REGISTER one for the hosting account to be valid. There are TWO (2) options for customers who do not yet own a domain at time of purchase:
When a hosting account is ordered , client is given the option of searching for an available domain and allowing BlackWire Marketing, LLC to register an available domain for the client's use as long as they remain a KloudWire Hosting customer.
Customers may register and use any domain that is legally secured at any 3rd party registrar of choice. When the customer registers their domain on their own , they retain full ownership of said domain and may transfer it to another registrar and/or update the DNS record to point said domain at any web server/host of choice.
Cancellation of Program
All users, participants, hosting clients, affiliates, subscribers and customers of BlackWire Marketing, LLC agree that The Company may cancel this service and /or affiliate program, or limit the number of users, participants, hosting clients, affiliates, subscribers and customers
We Reserve the Right to Refuse Service
All users, participants, hosting clients, affiliates, subscribers and customers of BlackWire Marketing, LLC agree that The Company may cancel their service at anytime. We operate our equipment within standard web hosting protocols. Our own network of servers are co-located in multiple physical data centers for security and load balancing purposes. We, along with the co-location facility have full rights to terminate, suspend, remove any file, account or user from accessing our equipment at anytime for any reason. We maintain this privilege for the safety of the network and our responsible hosting clients. We hold the right to remove any files from our equipment we deem as undesirable based on our own criteria including the misuse of server resources for ANY reason that causes the dysfunction of any of our servers or equipment.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
The Company may cancel permanently or suspend temporarily any account that is in violation with the terms of service.
The hosting client may cancel his/her account within 30 days of purchase by writing a request to close the account and sending it to the Company (by postal mail) and receive a full refund. For cancellation requests made by the client after 30 days, refunds will be pro-rated based on the number of months paid for in advance (unused months). After 30 days from the purchase date, set-up fees are NOT refundable. All web hosting account cancellations may be submitted in writing by postal mail , but MUST include ALL FIVE (5) of the following components of information in order to process any potential refund: (1) The primary domain name on the account being cancelled; (2) the FULL name of the registered owner of the domain; (3) a VALID e-mail address; (4) a PHYSICAL MAILING address of the owner of the domain /account user; (5) the original method of payment used to order the account being cancelled (e.g.: PayPal, VISA, etc.). Requests for any pending refunds may not be processed until all of this information is provided. Postal mail requests are preferred to assure delivery of the request.
Refund requests MUST be submitted in writing as outlined above, or posted by the customer in the appropriate MEMBERS CENTER via customer log-in credentials. Refund requests made by e-mail or voice-mail ARE NOT VALID requests and cannot be honored due to the lack of dependability of many ISP mail services. Only refund request made in writing and sent by postal mail OR submitted through the Client Center via log-in are considered valid and are logged by date. The date of such requests constitutes the date used to calculate the 30 day refund policy. All 90 Second Website Builder refund request must be sent by physical post mail.