Terms of Service
We require that you agree to the following conditions upon agreeing to use any of our services. If performing search engine optimization (SEO) services, we also require that you agree to our SEO Services Terms and Conditions at the end of this page.
Blue Moose Design LLC (we, us) and Client (you) agree to the following:
(a) "Client" means the person who orders services from us and has ownership rights to the "Web Site".
(b) "Web Site" means all data files, data structures, images, and other information content owned by the Client that is to be hosted and managed under this Agreement.
(c) "Physical Server" means the third-party computers, hardware, operating system, and software necessary to operate and support your Web Site in accordance with this Agreement.
2 Payment Terms: You agree to the following payment terms in consideration for the services provided:
(a) Set-Up Fees. You will pay us one-time, non-refundable set-up fee(s) according to our published prices.
(b) Service Fees. You will pay us a Service Fee for each service we provide under this Agreement according to our published prices. Monthly Service Fees are billed to you at the beginning of each month and are due on the 15th day of the month in which the Service Fee(s) is billed. If you first begin using our services after the first of the month, we will prorate your first month's Service Fee(s). Service Fees are subject to adjustment, with notice, according to the current prices.
(c) Cancellation. In the event you cancel any service, you will be charged in full for the entire month in which you canceled your service.
(d) Breach. In the event we terminate this Agreement because of a breach, you will be charged in full for the entire month in which the breach occurred for services.
(e) Taxes. Service fees are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided under this Agreement, except that any sales or similar taxes on the sale of Client products and services to end users shall be the sole responsibility of the Client.
3 Representations and Warranties: Our obligations under this Agreement are conditioned upon the following representations and warranties:
(a) Authority to Contract. You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement.
(b) Non-Infringement. You represent and warrant that your performance of this Agreement and providing any content for your Web Site, shall not infringe the intellectual property or other proprietary rights of any third party.
(c) Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, WE MAKE NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT.
4 Risk: You expressly agree that use of our hosting services is at your own risk. Neither we, our employees, affiliates, agents, third-party providers, merchants, licensors or the like, warranty that our service will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of our services or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through our services, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, will we, our officers, agents or anyone else involved in creating, producing, or distributing our services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our services. We will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. You acknowledge that this paragraph shall apply to all content on your Web Site.
5 Term and Termination: The following describes the effective date, duration and methods of termination:
(a) Duration. This Agreement will commence on the date as appearing at the top of this document and continue until termination.
(b) Termination for Convenience. Subject to Section 3.3, you may terminate this Agreement at any time for your convenience by providing us with 7-day advance notice.
(c) Breach or Default. The following constitute a breach or default of this Agreement:
1. your failure to pay the current month's Service Fees by the fifteenth day of the following month,
2. your violation of Section 7,
3. your violation of 8(b), or
4. your violation of Sections 3(a) and 3(b).
6 Ownership Rights: We acknowledge that all right, title, and interest in the Web Site shall be solely owned by the Client.
7 Activities Subject to Immediate Deactivation: Any Web Site that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Web Site is disabled, the regular monthly fees still apply.
(a) Public Nature of Internet. All information submitted on your Web Site shall be considered publicly accessible. Important and private information should be protected by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
(b) Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we reserve the right to immediately deactivate your use of our hosting service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the hosting service provided through this Agreement.
(c) Governing Law and Attorneys' Fees. This Agreement will be interpreted and applied in accordance with the laws of the state of Washington, without regard to the conflicts of law provisions.
(d) Age. You certify that you are at least 18 years of age.
SEO Services Terms & Conditions
In order to achieve the best results from search engine optimization, we require that you agree to the following conditions in addition to our general Terms of Service:
Recognize that new web sites can take a year or more to rank well in Google in competitive, national industries.
We do not do work on sites in the following industries: porn, pills, gambling, credit, mortgage, loans.
We must have the ability to optimize the structure and content of your web pages. Such changes generally have a minimal visual impact. We will work directly with you in order to maintain the original look and feel of your website.
You must provide Blue Moose Design LLC with log-on information (username and password) to allow us to gain FTP access to your website. We will maintain confidentiality of log-in information.
You must inform your webmaster or anyone else who has access to the Web site that we are performing SEO services on the site.
If your pages are light in text content (less than about 200 visible words per page), you will provide additional relevant content for the purpose of enhancing SEO ranking.
You must inform us of any changes made to your site website while Blue Moose Design LLC is optimizing it. Blue Moose Design LLC is not responsible for changes made to the Web site by other parties that may adversely affect the search engine rankings of your website.
You understand that our search engine optimization service does not include paid search engine and directory submission fees. Fees must be paid directly to these search directories for review and inclusion (such as Yahoo for example).
NOTE: YOUR SIGNATURE ON A PRINTED COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF OUR SEO SERVICES SHALL CONSTITUTE A VIRTUAL SIGNATURE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A PRINTED COPY OF THIS AGREEMENT.