Terms of Service

ComFoundry.com provides web site consultancy to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of ComFoundry.com are subject to the following terms of service:

Indemnification Policy
You agree to use all ComFoundry.com referrals, advice, services and facilities at your own risk. ComFoundry.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ComFoundry.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold ComFoundry.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ComFoundry.com, its agents, its customers, officers and employees, that may arise or result from any referral, advice or service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ComFoundry.com against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with ComFoundry.com's or third parties' server(s). ComFoundry.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from ComFoundry.com's server. ComFoundry.com shall be the sole judge of what violates this policy.

Billing:
We bill monthly or annually, depending upon the plan. We accept payments by bank, giro or PayPal. Payment terms are net 30 days unless otherwise specified in writing.

Late Payments:
Overdue payments are subject to reasonable late fees and collection agency fees, etc. Hosting accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 21 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use:
All services provided by ComFoundry.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ComFoundry.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all ComFoundry.com servers This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of a adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. ComFoundry.com reserves the right to determine what is and what isn't acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez, Illegal MP3, and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Backup:
ComFoundry.com is not responsible for backups of sites or databases. Customer/Subscriber acknowledges that they will backup their own sites and databases.

Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a €1000 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

LIMITATION OF LIABILITY:
ComFoundry.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ComFoundry.com referral, advice or servers going off-line or being unavailable for any reason whatsoever. Furthermore, ComFoundry.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from ComFoundry.com or third party servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to email contact: founder at this domain. All complaints will be investigated promptly. ComFoundry.com will never be responsible for errors or downtime caused by circumstances beyond our control. FURTHERMORE, we do not refund paid orders for ANY reason after the order has been processed by ComFoundry.com.

DISCLAIMER:
We cannot be held liable for any predicted estimate of profits which a client would have gained from their site. ComFoundry.com cannot be held liable for system downtime, crashes, or data loss. Certain services provided by ComFoundry.com are resold. Thus, certain equipment, routing, software, and programming used by ComFoundry.com are not directly owned or written by ComFoundry.com. Moreover, ComFoundry.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ComFoundry.com sees fit. FURTHERMORE, ComFoundry.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.