1. As a precondition and requirement to use the services available via LBJ Computers LLC you, for yourself and for the company or other person(s), if any, you represent ("Client," "Subscriber," or "you", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Client and LBJ Computers LLC. Each Client is subject to these Terms, by using LBJ Computers LLC's services, network, programs, and/or systems (collectively the "Services"), Client agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Client.
2. Client represents and warrants that, if an individual, Client is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Client is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Client represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 25 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from LBJ Computers LLC. Further, Client represents and warrants all information provided by Client to LBJ Computers LLC has been and is complete, accurate, and current, and that Client shall continue to provide complete, accurate and current information to LBJ Computers LLC in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.
3.Due to changing technologies, changing laws and the individual and collective needs of our Clients, LBJ Computers LLC reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
4. Any use of the Services by Client, after changes, modifications, additions or deletions to these Terms, shall constitute Client's acceptance of all such changes, additions, modifications or deletions. If a Client does not agree to any such alterations to these Terms, the Client's sole and exclusive remedy is to cancel the Client's services as set forth in Sections 3 and 4 below.
5. The current Terms of Service can be viewed by clicking on "Terms of Service" on the bottom of the page at lbjcomputers.com. The last date of an update can be viewed at the top of the document.
1. Independent Contractor. LBJ Computers LLC is an independent contractor, not an employee of Client or any company affiliated with Client. LBJ Computers LLC shall provide the Services under the general direction of Client, but LBJ Computers LLC shall determine, in LBJ Computers LLC' sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. LBJ Computers LLC and the work product or Deliverables prepared by LBJ Computers LLC shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.
2. No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. LBJ Computers LLC shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by LBJ Computers LLC.
3. Agents. LBJ Computers LLC shall be permitted to engage and/or use third party agents or other service providers as independent contractors in connection with the Services ("LBJ Computers LLC Agents").
1. Term of Service. The term of Client's subscription to the Services commences upon Client's acceptance of these Terms by making a payment for services and terminates as set forth in Paragraphs 3.06 and 4.01.
2. Payment. Client agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Client agrees to update and keep current all of Client's billing information, email and all other contact information. It is the Client's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Late payments maybe subject to to a $40.00 late fee, disconnection or discontinuance of any and all Services, or termination of this Agreement at LBJ Computers LLC's descretion.
3. Automatic Renewal of Services. As a courtesy and not as an obligation (contractual or otherwise), prior to the expiration of Client's Services or Domain(s) LBJ Computers LLC will automatically renew Client's Services by billing the applicable fee for the non-promotional rate to the Client. The initial term of this Agreement shall be as set forth in the Original Invoice (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Client, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in an invoice to the customer prior to the commencement of such successive period or renewal period. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
4. Automatic Renewal of Domain(s). As a courtesy and not as an obligation (contractual or otherwise), prior to the expiration of Client's domain, if registered with LBJ Computers LLC, or if transferred to and registered with LBJ Computers LLC, LBJ Computers LLC will automatically renew Client's domain. LBJ Computers will then bill Client for this. Client hereby releases LBJ Computers LLC from any and all liability for failure for any reason to renew said Account or said Domain(s). Client acknowledges that there may be many reasons why LBJ Computers LLC is unable to renew said Services or Domain, including but not limited to inability of LBJ Computers LLC, for any reason, to bill said renewal to Client, to contact or otherwise get response from Client at the email address on file, or otherwise. Client acknowledges that said Account and/or Domain, if not renewed, for whatever reason, will expire on the Services or Domain Expiration Date, as applicable. In the event that a Domain expires, LBJ Computers LLC will hold the expired Domain for up to thirty (30) days as a courtesy and not as an obligation (contractual or otherwise). Thirty (30) days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Client must pay a Redemption Fee, as well as a Renewal Fee for the current year. If the Domain is not redeemed within seventy-four (74) days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.
5. Notification of Automatic Renewals. Client will be notified of pricing for EACH successive period (or renewal period). This notification will be sent to the contact email address on file for the Account.
6. Cancellation of Automatic Renewal of Account or Domain. Client agrees to notify LBJ Computers LLC of Client's intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date. By sending notice of cancellation to LBJ Computers LLC via email or in writing.
7. Authority. In the event Client is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing LBJ Computers LLC Services on behalf of Client hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Client's acceptance of all other Terms set forth herein.
8. Taxes. All fees charged by LBJ Computers LLC for the Services are exclusive of all taxes, VAT and similar fees now or in the future on the transaction and/or the delivery of Services. If LBJ Computers LLC is required to pay any such taxes, Client will, upon receipt of LBJ Computers LLC' invoice, promptly reimburse LBJ Computers LLC for any such taxes paid by LBJ Computers LLC.
9. Remaining balances must be paid before web sites go live.
10. Refunds on Down-payments. Once a down-payment has been made there are no refunds unless you cancel the Services within 7 days.
1. Coordination of any decision-making with parties other than the LBJ Computers LLC.
2. Provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal email.
3. Final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.
4. You understand and agree you are solely responsible for maintaining the confidentiality and security of your username(s), password(s), path to your control panel login, or other credential(s) associated with the use of your website, account, domain name or control panel. Your failure to maintain the confidentiality and security of your username(s), password(s), path to control panel login, domain name, and credential(s) may result in among other things a loss of your privacy, data theft, financial losses or liability to LBJ Computers LLC and other third parties arising from damages incurred by them as a result of your breach of these Terms. It is exclusively the Client's obligation to maintain and control password(s), username(s), to the Client's web site(s), control panel, domain name and account. The Client is exclusively responsible for all activities that occur in connection with the Client's username(s) and password(s). The Client agrees to immediately notify LBJ Computers LLC of any unauthorized uses of the Service or any other breaches of security in writing immediately. LBJ Computers LLC will not be liable for any loss or damages of any kind, under any legal theory, caused by the Client's failure to comply with any of the foregoing security obligations or caused by any person to whom the Client grants access to the Client's Services, or due to any updates performed by LBJ Computers LLC.
5. Client shall designate a single Point of Contact ("Point of Contact") to LBJ Computers LLC. Client's Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Client. Client agrees that LBJ Computers LLC may rely on representations made by Client's Point of Contact. LBJ Computers LLC is under no obligation to accept instructions from anyone other than the Point of Contact.
1. If Client is registering a new domain name with LBJ Computers LLC, or using or transferring a previously registered domain name in conjunction with Client's use of the Services, Client hereby acknowledges and agrees that Client's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Blue Host Domain Registration Agreement located at http://www.BlueHost.com/cgi/info/domain_registration_agreement and has read the Registrant Rights and Responsibilities located at http://www.icann.org/en/resources/registrars/registrant-rights/educational
2. If you request LBJ Computers LLC to register your domain name, you voluntarily assign LBJ Computers LLC as the official registrant of the domain name. LBJ Computers LLC in turn grants full use of the domain name back to you, along with the rights of ownership of the domain name.
1.Client agrees LBJ Computers LLC is not a Web Hosting provider and authorizes LBJ Computers LLC to use a Third-Party provider for Client's Web Hosting.
2.The Client agrees to the User Terms of Service Agreements for Bluehost.com and its affiliates, found at: http://www.BlueHost.com/cgi/info/user_agreement
1. These Terms do not give Client any rights in LBJ Computers LLC intellectual property or technology. LBJ Computers LLC and related trademarks and logos are the exclusive property of LBJ Computers LLC. LBJ Computers LLC and Client agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar LBJ Computers LLC from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
2.LBJ Computers LLC Control Panel System. LBJ Computers Control Panel System, Connections to the Control Panel System, and Databases conntected to and used by the Control Panel System are and shall remain the exclusive property of LBJ Computers LLC. LBJ Computers LLC hereby grants to Client a nonexclusive, nontransferable, perpetual, worldwide license to use the LBJ Computers Control Panel System solely to the extent necessary with the website Services. This license ends upon cancellation of Services. Client may not directly or indirectly, in any form or manner, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any LBJ Computers Control Panel comprising any software or technology of LBJ Computers LLC.
1. Backups. For its own operational efficiencies and purposes, LBJ Computers LLC from time to time backs up data on its servers, but is under no obligation or duty to Client to do so under these Terms. Under no circumstance will LBJ Computers LLC be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Client FILES AND/or data on any LBJ Computers LLC server.
2. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by LBJ Computers LLC may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, LBJ Computers LLC does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if LBJ Computers LLC becomes aware of any violation of these Terms, LBJ Computers LLC may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via LBJ Computers LLC, and/or removing non-complying information. In addition, LBJ Computers LLC may take any lawful action against a Client or a subscriber, patron, customer, invitee, visitor, or guest of such Client because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. LBJ Computers LLC reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Client. LBJ Computers LLC may disclose any information in its possession, including, without limitation, information about Clients, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect LBJ Computers LLC or others from harm, and/or to ensure the proper operation of the Services. LBJ Computers LLC has no obligation to notify any person, including the Client about whom information is sought, that LBJ Computers LLC has provided the information.
3. Accurate Account Information. Client must continually update and keep accurate and current Client's contact information with LBJ Computers LLC in order to avoid termination of Client's LBJ Computers LLC account(s).
4. Duty to Notify LBJ Computers LLC of Breach. If Client discovers anyone on the LBJ Computers LLC system violating any of these Terms or notices anything suspicious from the LBJ Computers LLC network, Client agrees to report the violation or suspicious activity to to LBJ Computers LLC for investigation. LBJ Computers LLC reserves the right to and will immediately terminate any account which LBJ Computers LLC concludes to be in violation of any of these Terms.
5. Reservation of Rights. LBJ Computers LLC reserves the right to refuse or to cancel service to any prospective Client or existing Client for any lawful reason at any time during Client's hosting term with LBJ Computers LLC.
6. Severability. These Terms are binding upon LBJ Computers LLC, all existing and prospective Clients, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
7. Governing Law. These Terms shall be governed by the laws of the State of Wisconsin without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of LBJ Computers LLC, Client agrees that all disputes, if any, involving LBJ Computers LLC shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Wisconsin; provided, further, that all action brought against LBJ Computers LLC in State Court must be brought in Grant County, Wisconsin and, if in Federal Court, in Dane County, Wisconsin. Client hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving LBJ Computers LLC. Client hereby waives any and all objections that it has or might have, known or unknown, whether under Wisconsin's long arm statute or otherwise, to the existence of said in personam jurisdiction. Client agrees that it has no right to and shall not file or otherwise bring a lawsuit against LBJ Computers LLC outside the State of Wisconsin; and, that Client, if involved before a court in a lawsuit outside of the State of Wisconsin, shall be deemed to support and to stipulate to a motion made by LBJ Computers LLC to dismiss said lawsuit with respect to LBJ Computers LLC.
8. Waiver of Jury Trial. The parties hereto unconditionally waive their respective rights to a jury trial as to any dispute, cause of action, or claim arising out of or in connection with the Terms or Services of LBJ Computers LLC.
1. Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
A. Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of LBJ Computers LLC.
B. Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of LBJ Computers LLC, regardless of where said individual is located.
C. Country-Code Top Level Domain Names for any Sanctioned Countries are hereby prohibited from use in connection with any service of LBJ Computers LLC.
2. Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
A. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of LBJ Computers LLC.
3. Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
A. Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of LBJ Computers LLC.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO LBJ COMPUTERS LLC SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR LBJ COMPUTERS LLC ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
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