Terms and Conditions
Read This Internet Service Agreement Carefully Before Using Our Internet Services.
- 1. Introduction
- 2. Term of Agreement
- 3. Subscription Requirements
- 4. Payment Obligations of a Member
- 5. Member's Account, Password, and Security
- 6. Monitoring: The Services
- 7. Disclaimer of Warranties and Limitation of Liability
- 8. Services
- 9. Web Site "Drizzle" Usage
- 10. Termination
- 11. ACCOUNT SUSPENSION
- 12. Jurisdiction
- 13. Indemnification
- 14. Force Majeure
- 15. Miscellaneous
- 1. Introduction
-
Welcome to Drizzle. In order for us both to get the maximum benefit from our
relationship you must comply with all Agreements and Terms displayed on
our website www.drizzle.com. Drizzle's goal is to provide you (the customer)
with access to the Internet and its vast array of goods and services. We
encourage all "Customers, Members" to understand and utilize
our services and the conditions of its uses periodically.
If you do not agree to the terms and conditions of this Agreement,
including any future revisions, you may not use the Services and if you
are a current Member, you must terminate your use of the Services under
Section 10.
- 2. Term of Agreement
-
All contracted service terms are based on a 1 year commitment.
Subsequent terms of this Agreement automatically renew on an annual
basis unless you provide (Drizzle) with written e-mail notice of non-renewal
at least twenty (20) days before the end of the last monthly term in
which the notice is given. Continued use of the Services constitutes
acceptance of this Agreement and any future versions. If you are
dissatisfied with the Services or any related terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive remedy is to
discontinue using the Services and, if you are a Member, to terminate
your account.
- 3. Subscription Requirements
-
Members must be at least 18 years old. Drizzle accepts payments by check,
cash, money order, debit or credit card (Amex, Discover, MC,VISA). You
must be legally responsible for any debit or credit card provided to pay
for any service rendered by Drizzle. Certain Services provided by Drizzle require the Customer to have adequate operating equipment or software.
Please review any equipment or software requirements before use of any
Service. Drizzle makes no claims arising from the use of any software not
purchased or developed directly by Drizzle. Each member is solely
responsible for the use of third party software to access service.
- 4. Payment Obligations of a Member
-
BILLING DATES:
The billing date depends on the date that you sign up. If you wish to
change the billing date to one that better suits your needs, please
contact our accounting office. Because we utilize every resource that the
internet has to offer, Drizzle mainly bills via email. So if you would like
to receive invoices via postal mail, there will be an additional $2.00
fee per month.
BILLING TERMS:
All accounts are due on receipt of purchase. You will need to send your
payment as soon as you receive your invoice. If you are 20 days past due,
you will get an automated message through your email reminding you about
your payment. If you are 30 days past due, your account will be
automatically suspended. If your account gets suspended payment is needed
to reactivate any past due account. Remember to check your email and pay
your bill on time.
-
Members must provide Drizzle with (i) accurate and complete billing
information including legal name, address, telephone number, and
credit card/billing information, and (ii) report to Drizzle all changes
to this information within twenty (20) days of the change. Members
are responsible for any changes and financial charges to their
account at all times.
-
Members having questions regarding charges to an account should
contact Drizzle's Accounting Department at accounting@drizzle.com, or
Customer Service Department at support@drizzle.com. Drizzle encourages
correspondences be in email format for documentation purposes. All
accounting inquiries will be responded to and disputes settled before
your next billing cycle. All charges are considered valid unless
disputed in writing within twenty (20) days of the next billing date.
Adjustments will not be made for charges that are more than 60 days
in arrears.
-
Members may be billed each month, or as per your specific renewal
period contract for the basic service and any overages or additional
usages of service. Drizzle is not responsible for any charges or expenses
(e.g. for overdrawn accounts, exceeding credit card limits, etc.)
resulting from charges billed by Drizzle to any financial institution.
-
If you pay for Services through a prepayment plan, automatic billing
described above shall only apply to the charges not paid for through
the prepayment plan.
-
If you purchase Services through a reseller who in turn pays Drizzle,
the reseller must pay all amounts owing for your account. If the
reseller fails to pay Drizzle any amounts due-whether or not you have
paid the reseller-your account will be subject to suspension or
cancellation until you or the reseller has paid all amounts due.
Notification of all billing disputes shall be sent to the following
address:
Drizzle
14823 SE 82nd Dr.
Clackamas, OR. 97015
Or
accounting@drizzle.com
Subject Line: Billing Dispute & Customer ID
Or
Customer Care Department (206) 447 2702
- 5. Member's Account, Password, and Security
-
You are solely responsible for maintaining and the security of your
username, password, and account designation. You and members of your
household or business, if you have purchased a business account, are the
only authorized users of your Drizzle account and must comply with this
Agreement. You must keep your password confidential so that no one else
may access the Services through your account. You must notify Drizzle immediately upon discovering any unauthorized use of your account.
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Using a personal account for high volume or commercial use (e.g.,
revenue generation, advertising, etc.) is prohibited.
-
All email account information should be stored on your system.
Drizzle is not responsible for any lost emails or data. Drizzle at it's
sole discretion may delete the temporary file from the server 5 days
after notifying you. In either case Drizzle will not be responsible for
any data lost on the system.
-
Any Web site exceeding the amount of space allotted to such Member
may be suspended until the Member reduces the disk space usage to the
amount of space allotted or less or purchases additional megabytes.
Any Web site exceeding the traffic limits will be billed for excess
traffic. You may establish a commercial or high-volume account by
emailing sales@drizzle.com, or by calling our Customer Care Department
at (206) 447 2702.
- 6. Monitoring: The Services
-
Drizzle has no obligation to monitor any Services, but may do so and
disclose information regarding use of the Services for any reason if
Drizzle, in its sole discretion, believes that it is reasonable to do so,
including to: satisfy laws, regulations, or governmental or legal
requests; operate the Services properly; or protect itself and its
Members. Drizzle may immediately remove your material or information from
Drizzle's servers, in whole or in part, which Drizzle, in its sole and absolute
discretion, determines to infringe another's property rights or to
violate our Acceptable Use Policy.
- 7. Disclaimer of Warranties and Limitation of Liability
-
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING
OFFERED BY Drizzle, Drizzle DOES NOT CONTROL ANY MATERIALS, INFORMATION,
PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED
MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. Drizzle HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH
MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE
SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE
ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND
OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Drizzle DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. Drizzle MAKES NO EXPRESS WARRANTIES AND
WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH Drizzle OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY
Drizzle OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Drizzle AND ITS
EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR
INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY
INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES. IN ANY EVENT, Drizzle'S CUMULATIVE LIABILITY TO ANY
MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL
NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING ANY ONE (1) MONTH
PERIOD.
- 8. Services
-
Dialup
Un-Metered vs. Un-Limited Usage - Drizzle offers un-metered 56K Dialup
service, this means we do not monitor usage unless we see that the user
is never disconnecting or setting their computer up to dialup
automatically even when the user is not even near the computer. Unlimited
or Dedicated internet service can be obtained via a Dedicated Dialup
account, DSL or like services. Drizzle may change its POP numbers at any
time. Drizzle reserves the right to direct Members to use certain numbers to
access the Service or to restrict use of specific access numbers.
Usernames, passwords and email addresses are Drizzle's property and Drizzle may
alter or replace them at any time. You are solely responsible for
determining if use of a particular dialup number will cause you to incur
long-distance, toll, or other charges.
Broadband
The Service speed can vary depending on location, line quality, inside
wiring, Internet traffic, and other factors beyond the control of Drizzle.
Drizzle provides the Service on a "best effort" standard and does
not guarantee upload or download speeds. In order to receive the Service:
(i) The Service must be available to your location, (ii) You must keep
your either stand alone or telephone service active in order for the
Service to work and you are responsible for charges for the Drizzle Service
regardless of the status of your underlying telephone service, (iii)
Changing telephone service providers will result in substantial
interruption of the Service and will result in fees associated with
cancellation and setting up a new account. Installation: Your
Telecommunications Provider may provide you with a new user kit
("the Equipment"). If the relationship is terminated by either
party (you or Drizzle) before the Activation Date or if the line is found to
be un-provisional, you must either return the equipment or use it with
another provider. Drizzle will assist in setting up your service, but is not
responsible for any equipment other than provided you directly from Drizzle.
If you choose to cancel the account after the Activation Date, you will
be charged $50.00. This fee is posted on our Web site and is subject to
change. You acknowledge that this is a fixed-location service for one
personal computer only. Moving to another location will require the
service to be repositioned at the new location. This may result in
substantial interruption of the Service and will result in fees
associated with cancellation and setting up a new account. Early
termination charges may apply even if the cancellation is for reasons of
a move to another location. In its sole discretion, Drizzle may cancel the
installation process and refund any money that you have paid. Drizzle will
notify you of its intent to cancel as soon as reasonably possible. Drizzle shall have no responsibility whatsoever for claims arising out of its
failure or refusal to complete the installation or provide the Service.
Domain Name & Hosting
Drizzle may provide hardware or software services to Customer depending on
the Package(s) accepted by Customer. "Package" means one of
Drizzle business and/or electronic commerce service offerings, as can be
found on Drizzle's Web site at www.drizzle.com. The specific Package to be
provided to Customer shall be established by correspondence between Drizzle and Customer. Such Package(s) shall be deemed incorporated by reference
into this Agreement, as if fully set forth herein. Drizzle and Customer
shall retain copies of such Package(s) for future reference.
Domain Name Registration
At Customer's request, Drizzle will acquire an Internet Second-Level Domain
Name from the Contracted Registrar on behalf of Customer. Customer's
request for and/or acceptance of a Domain Name obtained by Drizzle shall in
all cases constitute Customer's waiver of any and all claims which
Customer may have, or which may later arise, against Drizzle or its third
party providers, for any and all damages, losses, claims or expenses
arising or related to the acquisition, registration and/or use of the
Domain Name. Any cost incurred by Drizzle to obtain and/or maintain the
Domain Name on behalf of Customer shall be charged to Customer. Request
for and acceptance of a domain name requires Drizzle to supply the domain
name to the Contracted Registrar, which in turns supplies the Domain Name
to third parties. Upon any termination, Drizzle shall permit Customer
twenty-four (24) hours to download or otherwise copy any of Customer's
information and data residing on Drizzle's facilities. Customer must be
current and follow the termination policy in Section 10. Drizzle may
immediately remove all of Customer's data and information from Drizzle's
facilities and Customer shall have no right to copy or download such data
or information, and, in such event, all such information and data,
including all copyrighted or copyrightable material therein, shall then
become the property of Drizzle. While Drizzle makes reasonable efforts to
maintain the Drizzle service, many factors are not within Drizzle's control.
Therefore, Drizzle does not warrant, and is not responsible for (even if
caused by the negligence of Drizzle) any loss of data, delays, non-delivery
or miss-delivery of information, lack of access, slow response time, or
service interruptions or errors. The loss, delay or non-delivery of data
can be due to but not limited to Drizzle's own negligence, viruses or other
third parties. Customer's data is defined as any data held by Drizzle and
includes account information, Domain Hosting data, and email and domain
name services. This disclaimer and waiver shall apply equally to any and
all third party providers. Drizzle provides no warranty to customer's
regarding the accuracy of usage statistics, which Drizzle may provide in its
sole discretion. Further, no advice or information given by an Drizzle representative shall create a warranty or serve as an amendment to this
agreement. Drizzle has the right to discontinue products or services and the
right to remove or reassign IP addresses of a customer's web site without
notice, if necessary. Except for certain products and services
specifically identified as being offered by Drizzle, Drizzle does not control
any materials, information, products, or services on the Internet. The
Internet contains unedited materials, some of which are sexually explicit
or may be offensive to you. Drizzle has no control over and accepts no
responsibility for such materials. You assume full responsibility and
risk for use of the services and the Internet and are solely responsible
for evaluating the accuracy, completeness, and usefulness of all
services, products, and other information, and the quality and
merchantability of all merchandise provided through the service or the
Internet.
Voice over Internet (VOIP)
See Complete Voice Terms of Service
Colocation & Data Center Compliance
See complete Colocation Terms of Service
- 9. Web Site "Drizzle" Usage
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Our site on the World Wide Web with its home pages in the domain
"drizzle.com" or any other site operated by Drizzle (the
"Web site") is a complimentary information service offered by
Drizzle at no charge to users. We may provide links on the Web site to other
Web sites, which are not under our control. In general, any Web site,
which has an address (or URL), which does not contain
"drizzle.com" is such a Web site. These links are provided for
convenience only and are not intended as an endorsement by Drizzle of the
organization or individual operating the Web site or a warranty of any
type regarding the Web site or the information on the Web site. You may
provide a hypertext link to our Web site on another Web site, provided
that: (a) the link must be clearly marked "Drizzle", (b) the link
must "point" to the URL "www. drizzle.com " not to any
other pages within the Web site, (c) the appearance, position and other
aspects of the link may not be such as to damage or dilute the goodwill
associated with our name and trademark(s), (d) the appearance, position
and other aspects of the link may not create the false appearance that an
entity is associated with or sponsored by Drizzle, (e) the link, when
activated by a user, must display this Web site full-screen and not
within a "frame" on the linked Web site, and (f) Drizzle may, in
its sole discretion, revoke consent to link to our web site at any time.
All other hypertext links to the Web site must be approved in writing by
Drizzle. Some portions of the Web site are made available for the free
exchange of ideas by participants and are not regularly monitored nor
moderated by Drizzle. Drizzle assumes no responsibility and makes no warranty
that it will undertake to screen or remove such material. You agree to
hold Drizzle harmless from all claims based upon the materials posted by
others. Also, in exchange for availing yourself of the opportunity to
upload or provide information to this site and any associated chat rooms
or discussion areas, you will indemnify Drizzle from any claims made by
third parties regarding the material that you provide. Personal
information posted by you to the Web site is posted at your own risk.
Drizzle will have no liability arising from use of that information. You
shall not use the Web site to distribute or publish any advertising of
goods or services, solicitations for funds, or other commercial messages.
You agree that you will not post, upload or otherwise introduce a virus
or other harmful code onto the Web site. Your posting of material on the
Web site or providing material to Drizzle to use on the Web site will be
deemed to be a grant by you to Drizzle of a license to the material to
include the material on the Web site and to reproduce, publish,
distribute, perform, display, and transmit the material and to prepare
derivative works as may be reasonably necessary to do so, and you waive
all rights of attribution and integrity with respect to the material.
- 10. Termination
-
You may terminate your account at any time and for any reason by
providing notice of intent to terminate to Drizzle. To cancel the Service
you must provide us with a cancellation form, this form is located at
www.drizzle.com. Your service date ends when the cancellation form is
returned and all amounts owed for the service are brought current.
Cancellation will be effective at the end of the current billing period
in which notice of cancellation is received (30 days). Upon cancellation,
email service will be terminated and all files stored on Drizzle servers
will be deleted. Drizzle may terminate this Agreement, your password, your
account, or your use of the Services for any reason, including, without
limitation, if Drizzle, in its sole discretion, believes you have violated
the Agreements or if you fail to pay any charges when due.
Sections 3, 4, 6, and 9 of this Agreement shall survive termination of
this Agreement.
Your account DOES NOT automatically cancel at the end of your service
agreement. Your account will automatically renew. If you wish to
discontinue your service with Drizzle, you will need to officially cancel
your account. You may do this by filling out our secure Online
Cancellation form. Your account will not be reimbursed for any unused
services. All cancellations become effective 30 days after the
cancellation form is filled out, and received in the accounting office.
Please keep your email cancellation confirmation for your records.
- 11. ACCOUNT SUSPENSION
-
Your account will be suspended for non-payment if your payment is not
received within 30 days of the billing date. If your account is
suspended for non-payment, service will not be re-enabled until full
payment is made. There is a $5.00 re-connect fee upon reestablishment
of your account. If you are suspended more than twice, your account
will only be enabled upon pre-payment of 3, 6, or 12 months by
automatic payment (debit or credit card) only.
In the event your account becomes suspended, you move services without
proper notification, and your account is suspended, this
"will not" satisfy as your intent to terminate services. In the
event a third party moves your service and you do not notify and
terminate your account as stated in Section 9, your account will remain
active and billable.
- 12. Jurisdiction
-
This Agreement is governed by Oregon law without regard to conflict of
law provisions. The federal and state courts located in Portland, Oregon
alone have jurisdiction over all disputes arising out of or related to
this Agreement and the Service. You consent to the personal jurisdiction
of such courts sitting in Portland, Oregon with respect to such matters
or otherwise between you and Drizzle, and waive your rights to removal or
consent to removal.
- 13. Indemnification
-
Customer shall indemnify and hold Drizzle harmless against all third party
claims, demands, suits, actions, judgments, losses, costs, damages
(direct, indirect and consequential), attorney's fees and expenses that
Company may sustain or incur by reason of any breach or alleged breach of
any term or condition of this Agreement (including reasonable attorney's
fees) and for any act or omission of Customer or its clients which are in
any way related to the Drizzle Service.
- 14. Force Majeure
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Either party shall be excused from any delay or failure in performance
hereunder caused by reason of any occurrence or contingency beyond its
reasonable control, including but not limited to, acts of God,
earthquake, labor disputes and strikes, riots, war, and governmental
requirements. The obligations and rights of the party so excused shall be
extended on a day-to-day basis for the period of time equal to that of
the underlying cause of the delay.
- 15. Miscellaneous
-
This Agreement, the Acceptable Use Policy, and Drizzle are other Agreements
and policies posted on Drizzle's Web site constitute the entire agreement
between you and Drizzle with respect to your use of the Service. Drizzle may
revise, amend, or modify the Agreements at any time and in any manner.
Notice of any revision, amendment, or modification will be posted on
Drizzle's Web site (www.drizzle.com) and/or on your start pages and/or by email
and/or in our various publications and mailings to you. Again it is up to
you to keep up to date with our terms and conditions.
"Enjoy the service, and we look forward to supporting you."
Rev. 02/27/2009
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