Our services include, but are not limited to:
The legal owner of customers’ websites and accounts with Everbloom Digital Marketing will be the individual or organization whose name is listed in our database as the owner. Customers will fully cooperate with and abide by any and all of our security measures and procedures in the event of any dispute over ownership of customers’ websites and accounts with us.
Our servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing our services, all Everbloom Digital Marketing customers certify that they and/or the organization they represent in procuring services from Everbloom Digital Marketing are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to our customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a website hosted on a Everbloom Digital Marketing server, and selling or distributing software (on a website residing on a Everbloom Digital Marketing server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. We reserve the right to determine, at our absolute discretion, what constitutes a violation of this provision.
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Use of our services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use our services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Everbloom Digital Marketing customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Everbloom Digital Marketing customer (per the DMCA) to us must follow the below procedures. Copyright infringement notifications submitted to us according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at our discretion.
Mail the notification to: Everbloom Digital Marketing, DMCA Complaints, ADDRESS HERE
Pornography and sex-related merchandising are prohibited on our servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
The use of our services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law, and will, notify law enforcement agencies when we become aware of the presence of child pornography on, or being transmitted through, our services.
We are concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure. We cannot take any responsibility for the security of information transmitted over our facilities.
Customers are required to use our services responsibly. This includes respecting our other customers. We reserve the right to suspend and/or cancel service with any customer who uses our services in such a way that adversely affects other Everbloom Digital Marketing customers. While we may monitor our service electronically to determine that our facilities are operating satisfactorily, as a general practice, we do not monitor our customers’ communications or activities to determine whether they are in compliance with the TOS.
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. We will be the sole arbiter as to what constitutes a violation of the TOS. We reserve the right to remove any account without prior notice and to refuse service to anyone at any time. When we become aware of an alleged violation of its TOS, we will initiate an investigation. During the investigation, we may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, we may, at our discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. We do not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by us.
Our customers agree to protect, defend, hold harmless, and indemnify us, any third party entity related to us (including, without limitation, third party vendors), and our executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as ourselves, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of our services.
Our service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. We expressly disclaim any representation or warranty that our service will be error-free, secure or uninterrupted. No oral advice or written information given by us, our employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. We and our partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of our services.
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, we may immediately terminate provision of our services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against us in such event.
We may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with our services. Certain changes to our services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and we are not liable, for any and all such personalized applications and content, except as expressly agreed to by us.
Except where we have expressly agreed in writing to the contrary, customers are solely and entirely responsible, and we are in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with our services.
We make a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, we make NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, we specifically disclaim all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold us liable in any way for the revocation of any license, which has been licensed to us. The use of the Technologies obtained from or through us, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-Everbloom Digital Marketing products by us, our employees, or any third party entity related to us is for information purposes only and does not constitute an endorsement or recommendation by us. We disclaim any and all liabilities for any representation or warranty made by the vendors of such non-Everbloom Digital Marketing products or services.
Customers will not, without our express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on our website, and customers will not use any of our trademarks, service marks, copyrighted materials, or other intellectual property without our express written consent. Customers will not, in any way, misrepresent their relationship with us, attempt to pass themselves off as us, or claim that customers are us.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for our services, either in whole or in part, without the prior written consent from us.
Our customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become our customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for our services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains our express written consent to the contrary. Any acceptance of the TOS or any other agreement for our services will be deemed null and void to the extent that we will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of our services.
The TOS, and any other agreement for our services, will be governed by and construed in accordance with the laws of the State of Michigan, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Everbloom Digital Marketing will take place in Michigan, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Everbloom Digital Marketing agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
We will not be liable for delays in our performance of the TOS or our services caused by circumstances beyond our reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). We will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Any waiver, modification, or amendment of any provision of the TOS or other agreement for our services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Everbloom Digital Marketing.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between us and our customers. We and our customers will be deemed independent at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
The TOS, and/or any other specific agreement for our services, constitutes the complete understanding and agreement between us and our customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Everbloom Digital Marketing, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for our services is between us and our customers only and will not confer any rights in any third party except as otherwise expressly provided by us.