Terms of Service Agreement v1.0

Beginning January 1st, 2008

The following Terms of Service must be agreed to and abided by for use of our services. Please be aware that BM Livestock Company reserves the right to modify the Terms of Service at any time, and without notice as is deemed necessary by BM Livestock Company. Please read these terms and conditions carefully.

BM Livestock Company's primary objective is to value and support our customers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our customers.

In pursuit of our primary objective, BM Livestock Company agrees to deliver the agreed upon services and products, as declared in the "New Account" confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).

In addition, the use of BM Livestock Company's service(s) by a customer constitutes an unconditional acceptance of and agreement to BM Livestock Company's TOS. BM Livestock Company reserves the right to change or modify the TOS at any time without notice.

    1. BM Livestock Company offers to its customers a "Limited Money-Back Guarantee." This guarantee allows the customer to purchase BM Livestock Company's products with full confidence and little risk. Consequently, customers may request a refund within 30 days of initial sign-up and be refunded all fees paid to-date, excluding setup fees, and design fees (see section XVII.D below). Terminated accounts are not eligible for this guarantee if the termination occurred due to violation of this TOS.

      This guarantee can be requested at anytime within the 30 days of commencement of service if the customer is not satisfied with BM Livestock Company's products and/or services. If the 30-day service of subscription has been exceeded, the customer is not eligible for this guarantee. A request for this guarantee must be submitted via BM Livestock Company's "Customer Service" form located at this URL:

      http://software.bmlivestock.com/contact/customer/

      If requesting a refund, we ask that the customer briefly explain the reason(s) for doing so, as well as any suggestions on how BM Livestock Company could improve service.

    2. BM Livestock Company utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through BM Livestock Company, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for refund and the cost for such domains will be subtracted from any service refund from BM Livestock Company.

      New domains may be cancelled and receive a full refund only within the first 24 hours after placing the order. This grace period only applies to new domain name registrations and is not applicable for domain renewals.

      If you cancel your BM Livestock Company service (see section 1.A above), you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through BM Livestock Company or through the Registrar.

  1. BM Livestock Company uses the web hosting capabilities of IX Web Hosting. Below is an excerpt from their Terms of Service:

    IX Web Hosting guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where IX Web Hosting has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and IX Web Hosting data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that IX Web Hosting cannot directly influence.

  2. BM Livestock Company takes a zero tolerance approach to the sending of UCE or SPAM through our email resources. Customers of BM Livestock Company may not use, or permit others to use, our resources to participate in UCE distribution.

    Upon notification of alleged violation of our SPAM policy, BM Livestock Company will initiate an immediate investigation. During the investigation, BM Livestock Company may restrict customer access to the resources to prevent further violations. The customer will thereafter be advised of the situation. If a customer is found to be in violation of this TOS, BM Livestock Company may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, BM Livestock Company reserves the right to pursue civil remedies for any cost associated with the investigation of a substantiated policy violation. BM Livestock Company will notify law enforcement officials if the violation is believed to be a criminal offense.

  3. Establishment of this service is dependent upon receipt of payment of stated charges by BM Livestock Company. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle (1 year, 2 years or 3 years).

  4. BM Livestock Company may temporarily deny or terminate service upon the failure of the customer to pay the charges when due. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued charges and any collection and/or late fees.

  5. A customer may cancel his account at any time by contacting BM Livestock Company's Customer Support. If requesting a cancellation, we ask that the customer briefly explain the reason(s) for doing so, as well as any suggestions on how BM Livestock Company could improve our service. The cancellation will take effect immediately and the customer's account will remain active until the end of the contract. Account resumption is possible by again contacting Customer Service and requesting to do so.

  6. The customer acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of BM Livestock Company and our web host IX Web Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, the customer agrees that BM Livestock Company and IX Web Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of BM Livestock Company and IX Web Hosting. The customer further acknowledges that BM Livestock Company's and IX Web Hosting's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the customer for services during the period damages occurred. In no event shall BM Livestock Company and IX Web Hosting be liable for any special or consequential damages, loss or injury.

  7. Customers or any network users are prohibited from violating or attempting to violate the security of BM Livestock Company's sites or IX Web Hosting's network or any and all components there in. Violation of system or network security may result in civil or criminal liability. BM Livestock Company will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

    First violation: Any customer, who BM Livestock Company determines to have violated any element of this TOS, shall receive an email warning them of the violation. Customer's service is subject to a temporary suspension at BM Livestock Company's discretion pending a subscriber's agreement in writing to refrain from any further violations.

    Second violation: Subscribers, whom BM Livestock Company determines to have committed a second violation of any element of this TOS, shall be subject to immediate suspension or termination of service without further notice.

    NOTE: BM Livestock Company reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the customer. BM Livestock Company will contact the subscriber as soon as it is feasible.

  8. BM Livestock Company reserves the right to suspend network access to any customer if in the judgment of BM Livestock Company; the customer's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which BM Livestock Company deems necessary.

    If inappropriate activity is detected, all accounts of the customer in question will be deactivated until our investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer may not be credited for the time the customer's machines were suspended if the customer is found to be at fault.

  9. Customer must provide BM Livestock Company real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

    BM Livestock Company takes no responsibility for any material placed on its network by others. BM Livestock Company is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. BM Livestock Company disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

    Furthermore, BM Livestock Company reserves the right to, but is not obligated to, review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.

  10. The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that BM Livestock Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

  11. Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

  12. If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  13. This TOS is subject to the governing laws of the State of Utah. Courts of competent jurisdiction in Logan, Utah shall hear and decide any disputes.

  14. The customer not choosing the "Professional Administration" option is responsible for keeping a complete and current copy of all material on the website as a backup on a remote system (not solely on IX Web Hosting servers).

    BM Livestock Company is NOT RESPONSIBLE for any lost files, information or data.

    The "Professional Administration" option includes weekly backups of all files and data at a remote site to ensure integrity. Due to the frequency of backups, some data may be lost but no more than 7 days worth of new data.

    IX Web Hosting makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.

    Although IX Web Hosting backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. IX Web Hosting does not guarantee to possess the most current copy of a subscriber's website in its own backups.

  15. BM Livestock Company reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by IX Web Hosting to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites.

    1. Immediately after the completion of the ordering process, 100% payment is required before the commencement of the project. The customer is responsible for providing the text, logos and requirements for the basic look and feel of the website. The customer's quick responsiveness is mandatory at all stages of the project, but particularly during the planning process. Failure to provide all required information within the specified timeframes will result in a delay or cancellation of the project. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of BM Livestock Company as defined further below.

    2. Each package comes with a certain number of total revisions. As soon as BM Livestock Company provides a design and project update the customer must respond within three business days with all necessary feedback and corrections. If the customer does not respond within the specified timeframe it will be assumed that the suggested design and changes were accepted and approved so the work may progress further towards finalization.

    3. During the project development process BM Livestock Company provides regular design and project updates. While BM Livestock Company performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within seven business days (unless pre-agreed) upon delivery of the website's final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.

    4. For all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the customer fails to submit the required information within 30 days of making the payment BM Livestock Company may decide to consider the project inactive and not proceed with its implementation.

      If an order is cancelled within 14 days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. Under special circumstances BM Livestock Company reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer.

      BM Livestock Company is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.

    5. Please note that all the content on the customer's website is the sole responsibility of its respective owner. BM Livestock Company is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on the website. They are the property and responsibility of the respective owners. The customer agrees that BM Livestock Company may use the created website in its portfolio to showcase completed work to prospective customers and for its own marketing purposes such as, but not limited to, newsletters.

      1. Upon final payment and approval of the completed pre-built template design project, our client remains the owner of only their logo and other associated graphics and/or images originally provided by the customer.

      2. Upon final payment and approval of the completed custom template design project, our client becomes the owner of all images and/or graphics created and the resulting CSS file. Ownership of graphics and/or images originally provided by the customer is retained by the customer.

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