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Here are the current Thrive Business Solutions Terms of Service:
WHAT IS THIS?
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The agreement below is a legal agreement between Thrive Business Solutions and all of
our customers. If you use any service provided by or affiliated with
Thrive Business Solutions, you are legally bound by this agreement. Read it carefully
before signing up and ensure that you understand and agree to all
parts. Use of our services implies agreement with this contract!
QUESTIONS?
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Any questions regarding this agreement should be sent to Thrive Business Solutions's
sales department [1] prior to signing up for service.
SERVICE AGREEMENT
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Last Updated: 10/23/2008
SERVICE AGREEMENT
THIS AGREEMENT ("Agreement") is made and effective as of the date
of acceptance, by and between you ("Client") and Thrive Business Solutions.
WHEREAS, Thrive Business Solutions owns, distributes and provides various products and
services for conducting business on the Internet including: SiteAdmin,
BillAdmin, shared, reseller and dedicated web hosting, cPanel
licensing, and the Thrive Business Solutions family of services (hereinafter collectively
referred to as the "Services").
WHEREAS, Client desires to utilize some or all of the Services to
develop, enhance or maintain Client's business and/or presence on the
Internet.
NOW THEREFORE, in consideration of the mutual promises set forth
herein, the parties hereto agree as follows:
1. Thrive Business Solutions SERVICES
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Thrive Business Solutions agrees to provide to Client the Services agreed upon between
Thrive Business Solutions and Client as selected by Client in Thrive Business Solutions's customer database
that is specified at www.ThriveSolutions.com
2. PAYMENT AND INVOICING
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2.1 In consideration of the performance of the Services, Client
shall pay Thrive Business Solutions monthly in advance the amount set forth in Thrive Business Solutions's
customer database as such records are amended from time to time for
the Services during the term of this Agreement.
2.2 Client shall receive a confirmation letter via e-mail at the
time Client contracts for the Services, which shall confirm the fees
payable to Thrive Business Solutions. Thereafter, Client shall receive a monthly billing
statement for the upcoming month. The monthly billing statement shall
indicate any changes in fees, which fees shall become effective upon
thirty (30) days' notice as set forth in Section 2.4 herein.
2.3 Client is responsible for all activities and charges resulting
from Client's use of the Services. Client agrees to pay all fees,
bandwidth charges, connect time charges, surcharges, and other charges
incurred by Client and set forth in the monthly billing statement.
Client acknowledges that no refunds will be given by Thrive Business Solutions in the
event that Client's account is terminated by Thrive Business Solutions or Client mid-term.
In the event of a breach of security, Client will remain liable for
any unauthorized use of the Services until Client notifies Thrive Business Solutions by
sending an e-mail with account information to sales@Thrive Business Solutions.com.
2.4 Current rates for using the Services may be obtained on our web
site at www.Thrive Business Solutions.com. Thrive Business Solutions reserves the right to change fees,
surcharges, monthly membership fees or to institute new fees at any
time. In addition, Thrive Business Solutions may institute special trial offers, from time
to time, that shall be reflected in the confirmation letter sent to
Client upon sign up. If Thrive Business Solutions does not receive the full amount of
Client's Service account balance within three (3) days of invoice
date, a late charge equal to 1.5% per month or highest amount allowed
by law per month will be added to Client's bill and shall be due and
payable. Client shall also be responsible for all attorney and
collection fees arising from Thrive Business Solutions's efforts to collect any unpaid
balance of Client's account(s), and Thrive Business Solutions may terminate Client's
account immediately without further notice to Client.
3. RESPONSIBILITIES AND RIGHTS OF Thrive Business Solutions
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3.1 Means of Performance. Thrive Business Solutions shall provide Client with the Thrive Business Solutions
hosting services, as described at www.ThriveSolutions.com hereto. Thrive Business Solutions has the
right to control and direct the means, manner, and method by which the
host services are performed.
3.2 Support. Thrive Business Solutions shall provide a reasonable level of technical
support to Client via email or Web page for the term of this
Agreement.
3.3 Other Work. Thrive Business Solutions has the right to perform and license products
to others during the term of this Agreement. Thrive Business Solutions may elect to
electronically monitor the host services and may disclose any content
or records to satisfy any law, regulation, or other governmental
request or to properly operate host services and protect its Clients.
Thrive Business Solutions reserves the right to block any site hosted by Thrive Business Solutions that
contains any content that Thrive Business Solutions deems in its sole discretion to be
unacceptable or undesirable.
4. RESPONSIBILITIES AND RIGHTS OF CLIENT
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4.1 Client. Client represents and warrants that (i) Client is at
least eighteen (18) years of age, (ii) Client possesses the legal
right and ability to enter into this Agreement, and (iii) the
performance of Client's obligations and use of the Services by Client,
its customers and users, will not violate any applicable laws,
regulations or the rules and regulations or cause a breach of any
agreement with any third parties or unreasonably interfere with other
Thrive Business Solutions Clients' use of Services. Client assumes all risks related to
processing of transactions related to electronic commerce. Client
agrees to provide Thrive Business Solutions with accurate, complete and updated
information required by the registration of the Thrive Business Solutions host service
(Client Registration Data), including Client's legal name, address,
telephone number(s), and applicable payment data (e.g., credit card
number and expiration date). Client agrees to notify Thrive Business Solutions within
thirty (30) days of any changes in Client's Registration Data.
4.2 Breach of Warranties. In the event of the breach of any of the
foregoing warranties, in addition to any other remedies available at
law or in equity, Thrive Business Solutions will have the right, in its sole discretion,
to suspend or terminate immediately any Services.
4.3 Fees and Expenses. Client shall be responsible for payment of
all costs, fees and expenses assessed by third parties in the course
of being provided Services. Such costs include, but are not limited
to, the fees required to register and maintain domain names, which is
governed by a separate agreement between Client and a third-party
domain name registrar.
4.4 Third-Party Software. Third-party software available through the
Services may be governed by separate end user licenses. By using the
Services and the third-party software, Client agrees to be bound by
the terms of such end user licenses regarding the applicable
third-party software. Client consents and authorizes Thrive Business Solutions to delegate
the authorizations Client provides to Thrive Business Solutions to its third party service
provider(s) as Thrive Business Solutions deems necessary or desirable to provide the
applicable Services. Client agrees that the terms and conditions of
this Agreement, including any of the other terms, conditions, warranty
disclaimers and liability disclaimers incorporated into this
Agreement, inure to the benefit of such third party service providers
and such third party service providers are deemed to be third party
beneficiaries of the Agreement, including any other terms, conditions,
warranty disclaimers and liability disclaimers incorporated into this
Agreement. Client also agrees that all reference to "Thrive Business Solutions" within
this Agreement and any incorporated terms are also deemed to include,
where applicable, Thrive Business Solutions's agents, such as the third party service
providers.
4.5 Advertising, Solicitation, and Client Name Harvesting. Client
may not use the Services to send unsolicited advertising, promotional
materials, or other forms of solicitation to the Thrive Business Solutions clients or
other Internet users unless Client receives the express permission of
such individuals. Client may not use the means of unsolicited
advertising to advertise a site hosted on the Thrive Business Solutions network. Client
may not use the Services to collect or "harvest" user-names of Thrive Business Solutions
clients or other Internet users without the expressed prior permission
of the member. Thrive Business Solutions reserves the right to block or filter mass email
solicitations sent from sites hosted on the Thrive Business Solutions network.
4.6 Management of Site. Client shall be solely responsible for all
content available on or through its site, and shall at all times be
subject to the terms of this Agreement, Thrive Business Solutions's then-standard Terms of
Service ("TOS") and any generally applicable guidelines and service
standards published by Thrive Business Solutions. Client warrants that its site hosted on
the Thrive Business Solutions network (i) will conform to the Thrive Business Solutions TOS attached hereto as
Exhibit A; (ii) will not infringe and will not contain any content
that infringes on or violates any copyright, U.S. patent or any other
third-party right; and (iii) will not contain any content which
violates any applicable law, rule or regulation. Thrive Business Solutions shall have no
obligations with respect to the content available on or through any
site hosted on the Thrive Business Solutions network, including, but not limited to, any
duty to review or monitor any such content. Thrive Business Solutions reserves the right
to block any site that violates any of the above-stated terms, or
which in Thrive Business Solutions's sole discretion, Thrive Business Solutions deems objectionable or
offensive, or otherwise violates a law or Thrive Business Solutions policy, or, in the
alternative, to terminate this Agreement in accordance with Section
7.3 herein.
4.7 Compliance Laws. Client agrees that it will use the Services
only for lawful purposes and in accordance with this Agreement. Client
will comply at all times with all applicable laws and regulations and
the TOS, as updated by Thrive Business Solutions from time to time. The TOS are
incorporated herein and made a part hereof by this reference. Thrive Business Solutions
may change the TOS, with notice, which notice may be provided by
posting such new TOS at the Thrive Business Solutions Site. Client may request a current
copy of the TOS by sending or faxing a request to Thrive Business Solutions. Client agrees
that it has received, read and understands the current version of the
TOS.
4.8 Proprietary Rights. Unless otherwise specified, all work
performed hereunder by Thrive Business Solutions, is the property of Thrive Business Solutions, and all title
and interest therein shall vest in Thrive Business Solutions. To the extent that title to
any such works may not, by operation of law, vest in Thrive Business Solutions all rights,
title and interest therein are hereby irrevocably assigned to Thrive Business Solutions.
All such materials shall belong exclusively to Thrive Business Solutions, and Thrive Business Solutions shall
have the right to obtain and to hold in its own name, copyrights,
trademarks, registrations, or such other protection as may be
appropriate to the subject matter; and any extensions and renewals
thereof. Client agrees to give Thrive Business Solutions and any person designated by
Thrive Business Solutions such reasonable assistance, at Thrive Business Solutions's expense, as is required
to perfect the rights defined in this paragraph.
4.9 Marketing Rights. Client agrees that Thrive Business Solutions may refer to Client,
or Client's business in Thrive Business Solutions marketing materials, the Thrive Business Solutions website,
and communication to Thrive Business Solutions's current and prospective clients. Client
grants Thrive Business Solutions a limited license and permission to use any Client trade
name and/or trademark for such, and only for such, purposes.
5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER
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5.1 Limitation. In the event that any limited guarantees are
provided by Thrive Business Solutions, such limited guarantees are null and void if Client
fails to follow Thrive Business Solutions's TOS and other policies or otherwise breaches
this Agreement in any respect.
5.2 No Other Warranty. Thrive Business Solutions does not monitor or exercise control
over the content of the information transmitted through its
facilities. Use of the Services or any information that may be
obtained there from is at Client's own risk. The Services are provided
on an "as is" basis, and Client's use of the Services is at its own
risk. Except as provided in the order form(s), Thrive Business Solutions does not make,
and hereby disclaims, any and all other express and/or implied
warranties, including, but not limited to, warranties of
merchantability, fitness for a particular purpose, non-infringement
and title, and any warranties arising from a course of dealing, usage,
or trade practice. Thrive Business Solutions does not represent or warrant that the
Services will be uninterrupted, error-free, or completely secure.
5.3 Disclaimer of Actions Caused by and/or Under the Control of
Third Parties. Thrive Business Solutions does not and cannot control the flow of
information to or from Thrive Business Solutions's network and other portions of the
Internet. Such flow depends in large part on the performance of the
Internet services provided or controlled by third parties. At times,
actions or inactions of such third parties may impair or disrupt
Client's connections to the Internet (or portions thereof). Thrive Business Solutions
cannot guarantee that such events will not occur. Accordingly, Thrive Business Solutions
disclaims any and all liability resulting from or related to such
events.
6. INDEMNIFICATION
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Client agrees to indemnify, defend and hold Thrive Business Solutions and its
affiliates, agents, employees, and licensors (including the third
party service providers) harmless from any and all claim, demand,
loss, costs or expense, including attorneys' fees, made by any person
arising out of Client's violation of this Agreement, State or Federal
Securities laws or regulations, or any other person's rights including
but not limited to infringement of any copyright or violation of any
proprietary or privacy right.
Under no circumstances, including but not limited to a negligent
act, will Thrive Business Solutions or its affiliates, agents, employees, or licensors
(including third party service providers) be liable for any damages of
any kind that result from the use of, or the inability to use,
Services, even if any such party has been advised of the possibility
of such damages.
In no event will Thrive Business Solutions or its third party service providers be
liable to Client or any third Party for any tort, contract or any
other liability arising in connection with the use of the Services, or
reliance on any information or services provided by Thrive Business Solutions. Thrive Business Solutions and
its third party service providers will under no circumstances be
liable to Client and/or any third party, regardless of the form of
action, for any loss of profits, goodwill, use, data or other
intangible losses, or any direct, indirect, special, consequential,
incidental or punitive damages whatsoever, even if Thrive Business Solutions or its third
party service providers has been advised of the possibility of such
damages, resulting from: (i) the use of the inability to use the
Services; (ii) the timeliness, deletion, misdelivery, or failure to
store any user date, communications or personalization settings; (iii)
the cost of getting substitute goods and services resulting from any
products, data, information or services purchases or obtained or
messages received or transactions entered into, through or from the
Services; (iv) statements or conduct of anyone on the Services; (vi)
the use, inability to use, unauthorized use, performance or
non-performance of any third party, even if the third party has been
advised previously of the possibility of such damages; or (vii) any
other matter relating to the Services. Client agrees that Client will
not in any way hold Thrive Business Solutions responsible for any selection or retention
of, or the acts or omissions of, third parties (including third party
service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for
consequential or incidental damages, in such states the limitation of
liability only with respect to consequential or incidental damages may
not apply to Client, and the respective liability of Thrive Business Solutions and its
third party service providers, employees, distributors and agents is
limited to the greatest extent allowable under applicable law in those
states.
In the event that a court or arbitration panel, as the case may be,
should hold that the limitations of liability or remedies available as
set forth in this Agreement, or any portions thereof, are
unenforceable for any reason, or that any of Client's remedies under
this Agreement fail, then Client expressly agrees that under no
circumstances will the total, aggregate liability of Thrive Business Solutions and its
third party service providers, employees, distributors, agents or
affiliates, to Client or any party claiming by or through Client for
any cause whatsoever exceed $100 (U.S.), regardless of the form of
action and whether in contract, statute, tort or otherwise.
7. TERMINATION
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7.1 Without Cause. This Agreement may be terminated by either party
at any time during any Renewal Term for any or no reason upon either
party giving to the other no less than five (5) days' prior email
notice of termination. No matter which party terminates the Agreement
pursuant to this Section 7.1, any and all payment obligations of
Client under this Agreement for Service(s) provided through the date
of termination will immediately become due, and Client shall be
required to prepay for any portion of the Services that have not been
paid for and are to be rendered during such five (5) day period.
7.2 For Cause. In addition to any other rights it may have under
this Agreement or applicable law, Thrive Business Solutions may immediately terminate this
Agreement or suspend service, effective without notice, in the event
of (i) a default in payment, or (ii) Client's breach or failure to
comply with the TOS or other policies of Thrive Business Solutions. Client may terminate
this Agreement if Thrive Business Solutions breaches any material term or written notice
of same. If this Agreement is terminated by Thrive Business Solutions under this Section
7.2, all balance of the then current term shall immediately become due
and payable. In addition to the foregoing, Thrive Business Solutions reserves the right to
prohibit any conduct or to remove any materials or content in
violation of the TOS or which Thrive Business Solutions believes in its sole discretion to
be illegal or potentially harmful to others or may expose Thrive Business Solutions to
harm or liability.
7.3 No Liability for Termination. Neither party will be liable to
the other for any termination or expiration of any Services of this
Agreement in accordance with its terms.
7.4 Survival. The following provisions will survive any expiration
or termination of the Agreement: Section 4, 5, 6, 7, and 8.
7.5 IP Address. Upon expiration, cancellation or termination of this
Agreement, Client shall relinquish any Internet protocol ("IP")
numbers, address or address blocks assigned to Client by Thrive Business Solutions or its
network services supplier (but not the URL or top level domain
connected therewith). Thrive Business Solutions reserves, in its sole discretion, the
right to change or remove any and all such IP numbers, addresses or
address blocks.
8. GENERAL
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8.1 Assignment. Client may not assign this Agreement or any of
Client's rights or obligations hereunder without the prior written
consent of Thrive Business Solutions, and any such attempted assignment shall be void.
This Agreement shall be binding upon the parties' respective
successors and permitted assigns.
8.2 Notices. Any notices or communication under this Agreement shall
be in writing and shall be deemed delivered to the party receiving
such communication at the address specified below (1) on the delivery
date if delivered personally to the party, or a representative of the
party; (2) one business day after deposit with a commercial overnight
carrier, with written verification of receipt; (3) five business days
after the mailing date, whether or not received, if sent by US mail,
return receipt requested; (4) on the delivery date if transmitted by
confirmed facsimile.
If to Thrive Business Solutions:
accounting at thrivesolutions.com
If to Client:
To Client address provided at account set-up.
8.3 Governing Law. This Agreement, and all future agreements Client
may enter into with Thrive Business Solutions, unless otherwise indicated on such other
agreement, will be governed by the laws of the State of Arkansas,
without regard to conflicts of law principles thereof. This is the
case regardless of whether you reside or transact business with Thrive Business Solutions
in Arkansas or elsewhere. Unless a dispute would be governed by an
applicable arbitration clause, Client agrees to submit to the personal
and exclusive jurisdiction of the courts located within the County of
Washington, Arkansas. If any part of the Agreement is unlawful,
void or unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of any remaining provisions.
8.4 Modifications. No modifications, amendment, supplement to or
waiver of this Agreement or any exhibit hereunder, or any of their
provisions shall be binding upon the parties hereto unless made in
writing and duly signed by both parties.
8.5 Waiver. A failure of either party to exercise any right provided
for herein shall not be deemed to be a waiver of any right hereunder.
8.6 Severability. In the event any one or more of the provisions of
the Agreement or any exhibit is invalid or otherwise unenforceable,
the enforceability of remaining provisions shall be unimpaired.
8.7 Force Majeure. Thrive Business Solutions and its affiliates, agents, employees, or
licensors (including third party service providers) shall not be
liable for failure to perform any obligation under this Agreement if
such failure is caused by the occurrence of any contingency beyond the
reasonable control of such party, including without limitation, fire,
flood, strike, and other industrial disturbance, failure to transport,
accident, ware, riot, insurrection, act of God or order of
governmental agency. Performance shall be resumed as soon as possible
after cessation of such cause. However, if such inability to perform
continues for fifteen (15) days, the other party may terminate this
Agreement without penalty and without further notice.
8.8 Independent Contractors. The parties to this Agreement are
independent contractors. Neither party is an agent, representative, or
partner of the other party. Neither party shall have any right, power
or authority to enter into any agreement for or on behalf of, or incur
any obligation or liability of, or to otherwise bind, the other party.
This Agreement shall not be interpreted or construed to create an
association, agency, joint venture or partnership between the parties
or to impose any liability attributable to such a relationship upon
either party.
8.9 Terms of Services. Client agrees to be bound by Thrive Business Solutions's TOS for
all Services and products used by Client. The current TOS can be found
on Thrive Business Solutions's website at www.Thrive Business Solutions.com. Should Client disagree with any
updates to Thrive Business Solutions's TOS, it is Client's responsibility to notify Thrive Business Solutions
of Client's desire to terminate their Services immediately.
8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR
PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND Thrive Business Solutions'S
TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE
BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS
AGREMEENT AND THE TOS.
CLIENT'S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO
TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 7
HEREIN.
8.11 Entire Agreement. This Agreement, and the exhibits reference
herein, sets forth the entire agreement, and supersedes any and all
prior agreements of the parties with respect to the transactions set
forth herein. Neither party shall be bound by, and each party
specifically objects to, any term, conditions or other provisions
which are different from or in which is proffered by the other party
in any correspondence or other document, unless the party to be bound
thereby specifically agrees to such provision in writing.
8.12 No Party Deemed Drafter. In the event that any provision hereof
is construed by a court of law or equity or an arbitrator, no
provision herein shall be construed more harshly against either party
as drafter.
EXHIBIT A: Thrive Business Solutions TERMS OF SERVICE (TOS)
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Thrive Business Solutions's current Terms of Service are available at the following URL:
http://www.Thrive Business Solutions.com/about-us/terms/ [2].
QUESTIONS?
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Any questions regarding this agreement should be sent to Thrive Business Solutions's
sales department [3] prior to signing up for service.
Links:
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[1] http://Thrive Business Solutions.com/about-us/contact
[2] http://Thrive Business Solutions.com/about-us/terms
[3] http://Thrive Business Solutions.com/about-us/contact
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