We will only record your email address or other details you provide if you send us a message to request more information, for example emailing an enquiry.
Your details will be handled in the strictest confidence and will only be used for the purpose for which you have provided them. We will not use or disclose your details to a third-party without your consent.
The information contained in this site is provided ‘as is’ without warranty of any kind. The entire risk as to the results and the performance of the information is assumed by the user, and in no event shall Think Different Designs and/or Larry A. Bradshaw liable for any consequential, incidental or direct damages suffered in the course of using the information in this website.
Use of the information contained in this website are governed by their respective license agreements and may contain restrictions on use. You may not copy material from this Website for any use.
Subject to the terms and conditions of this Agreement, Think Different Designs will provide web hosting services for Client subject to the following terms:
Length of Service
Client agrees to an initial twelve (12) month contractual term of service (“Term”).
Service Start Date
Payment plus setup charges, if any, shall be due in advance of any service provided. Payments are offered for annual, semi-annual and quarterly terms based upon level of hosting service chosen. Service shall begin upon Think Different Designs creation of Client’s Hosting Account on Think Different Designs server.
Renewal by Client
This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
Current costs are posted on the Pricing page. Three plans are available, Basic Hosting, Standard Hosting and Premier Hosting. Services that are included in the cost are displayed for each plan.
TERMS OF PAYMENT
Terms of payment are C.O.D. unless credit approval has been granted by Think Different Designs. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Think Different Designs program, code or technology delivered to Client or any portion thereof.
Think Different Designs will exercise no control whatsoever over the content of the information passing through the network, email or web site.
Think Different Designs makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Think Different Designs also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Think Different Designs is at Client’s own risk, and Think Different Designs specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Think Different Designs does not represent guarantees of speed or availability of end-to-end connections. Think Different Designs expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Think Different Designs specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Think Different Designs may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Think Different Designs of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Think Different Designs and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Think Different Designs harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Think Different Designs directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Client’s expressed approval of this Agreement is implied upon receipt of payment by Client’s for hosting service provided.