Terms of Service
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Bevington IT Services, Inc. (the “Services”). As used in this Agreement, “outdoorcookingchannel.com” means The Outdoor Cooking Channel and “Client”, “you”, or “your” means you. By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Outdoorcookingchannel.com site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Outdoorcookingchannel.com site” refers to the Site located at the URL http://www.Outdoorcookingchannel.com, or any other successor Sites owned or maintained by Outdoorcookingchannel.com.
APPROPRIATE USE OF THE SERVICES.
Outdoorcookingchannel.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Outdoorcookingchannel.com server in connection with Client’s use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Outdoorcookingchannel.com or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
content that contains;
beastiality, lolita, warez, child porn are discriminatory based on gender, race, age or promotes hate violate any Outdoorcookingchannel.com policy posted on the Outdoorcookingchannel.com site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy).
contain viruses or other computer programming defects which result in damage to Outdoorcookingchannel.com or any third party.
No “SPAM”. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Outdoorcookingchannel.com, or otherwise, that mentions or reference any domain hosted on Outdoorcookingchannel.com servers or parked on Outdoorcookingchannel.com DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy). Please adhere to this rule!
Termination. Outdoorcookingchannel.com reserves the right to refuse service to anyone. Outdoorcookingchannel.com, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact [email protected].
CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Outdoorcookingchannel.com be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Outdoorcookingchannel.com from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
DISCLAIMER OF WARRANTY
THE SERVICES, THE Outdoorcookingchannel.com site, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Outdoorcookingchannel.com site, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. Outdoorcookingchannel.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Outdoorcookingchannel.com SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Outdoorcookingchannel.com BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Outdoorcookingchannel.com site OR ANY Outdoorcookingchannel.com PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Outdoorcookingchannel.com CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
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 postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to Outdoorcookingchannel.com:
Bevington IT Services, Inc.
DBA: The Outdoor Cooking Channel
1013 Faircloth ct
Oviedo, FL. 32765
If to Client:
Name and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Outdoorcookingchannel.com. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Outdoorcookingchannel.com’s policies are subject to change by Outdoorcookingchannel.com without notice. Continued usage of the Services after a change to this Agreement by Outdoorcookingchannel.com or after a new policy is implemented and posted on the Outdoorcookingchannel.com site constitutes your acceptance of such change or policy. We encourage you to regularly check the Outdoorcookingchannel.com site for any changes or additions.