Terms & Conditions
By using BOOST Creative hosting services, you agree to be bound by this user agreement. If you’re using BOOST Creative hosting services on behalf of an organization, you agree on behalf of that organization.
We may make changes to the agreement from time to time. You may reject the changes by terminating your service. You understand and agree that if you use the service after the date on which the agreement has changed, we will treat your use as acceptance of the updated agreement.
If there’s anything you don’t understand or have questions about, please email us at [email protected].
Use of the Service
- Your use of the service must comply with all applicable laws, regulations and ordinances.
- You agree to not engage in fraud, abuse, or otherwise harmful activity.
- You agree to not engage in any activity that interferes with or disrupts the service.
- BOOST Creative reserves the right to restrict service at its sole discretion, with or without notice, which may result in BOOST Creative disabling your usage of the service for any amount of time.
Fees for Use of the Service
- For all purchased hosting and support services, our payment partner (Quickbooks) will charge your credit card on a monthly or annual basis.
- BOOST Creative may change its fees and payment policies for the service by notifying you at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
Cancellation and Termination
- You may cancel the service at any time by contacting us directly.
- All Customer Source Code and Content available will be provided to the user upon cancellation.
- All Customer Source Code and Content will, within a reasonable amount of time to be determined solely by BOOST Creative, be deleted from the Service upon cancellation.
- You agree that BOOST Creative, in its sole discretion and for any or no reason, may terminate or suspend your service. You agree that any termination of your access to the service may be without prior notice, and you agree that BOOST Creative will not be liable to you or any third party for such termination.
Customer Source Code
- BOOST Creative claims no ownership or control over any Customer Source Code. you retain copyright and any other rights you already hold in the Customer Source Code and you are responsible for protecting those rights, as appropriate.
- You retain sole responsibility for any collaborators or third-party services that you allow to view Customer Source Code and entrust them at your own risk.
- BOOST Creative is not responsible if you fail to configure, or misconfigure, your website and inadvertently allow unauthorized parties view any Customer Source Code.
Modification of the service
- You acknowledge and agree that the service may change from time to time without prior notice to you.
- Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
- BOOST Creative shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
Exclusion of warranties
- You expressly understand and agree that your use of the service is at your sole risk and that the service is provided “as is” and “as available.”.
- You agree that BOOST Creative has no responsibility or liability for the deletion or failure to store any content and other communications maintained or transmitted through use of the service.
- BOOST Creative does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the service will be fixed.
Limitation of liability
You expressly understand and agree that BOOST Creative shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not BOOST Creative has been advised of or should have been aware of the possibility of any such losses arising).
You agree to hold harmless and indemnify BOOST Creative, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “BOOST Creative and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the user agreement, (b) your use of the service, (c) your violation of applicable laws, rules or regulations in connection with the service, or (d) your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, BOOST Creative will provide you with written notice of such claim, suit or action.
General Legal Terms
The user agreement constitutes the whole legal agreement between you and BOOST Creative and govern your use of the service and completely replace any prior agreements between you and BOOST Creative in relation to the service.
You agree that if BOOST Creative does not exercise or enforce any legal right or remedy which is contained in the user agreement (or which BOOST Creative has the benefit of under any applicable law), this will not be taken to be a formal waiver of BOOST Creative’s rights and that those rights or remedies will still be available to BOOST Creative.
BOOST Creative shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.