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.
  • 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
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
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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