Snazzy Technologies ("snazzytechnologies.com", "sleepyhead.snazzytechnologies.com", "sleepyhead", "we", "us" or "our") agrees to furnish products to the Customer (the "Customer", "you" or "your"), subject to the following Terms of Service. Use of Snazzy Technologies products constitutes acceptance and agreement to Snazzy Technologies Terms of Service. Snazzy Technologies reserves the right to modify the Terms of Service without notice.
You may use our products, provided that you are of legal age to form a binding contract and are not barred from receiving such products under the laws of the United States or other jurisdictions. In order to access our products, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Snazzy Technologies of any unauthorized use of your account or any other breach of security. Snazzy Technologies will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Snazzy Technologies products. You will not engage in any activity that interferes with or disrupts Snazzy Technologies products or networks connected to Snazzy Technologies.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Snazzy Technologies will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to any actions or configuration that consume excessive network capacity, CPU cycles, or disk IO.
Modification of Source Code: Alteration of product source code, including but not limited to any modifications or actions attempting to change the designed operation.
Distribution of Source Code: Redistribution of unaltered or altered product source code, in part, or in it's entirety, to any party of any kind.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the products of another user or network. Any act relating to the circumvention of security measures.
Snazzy Technologies and the products it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Snazzy Technologies products may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Snazzy Technologies or Snazzy Technologies customer's.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
You agree that Snazzy Technologies shall be permitted to charge your credit card on a one time, monthly, annual, or other agreed upon basis in advance of providing products. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Snazzy Technologies may be turned over to an outside collection agency for collection.
Customer is aware that Snazzy Technologies may prospectively change the specified rates and charges from time to time.
Snazzy Technologies is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Snazzy Technologies. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused products when customer retains any active service.
You agree that Snazzy Technologies is not responsible for any additional fees charged to your credit card by third-party products such as Web Hosting Providers.
Snazzy Technologies, provides technical support to our customers via our e-mail support system. The following are our guidelines when providing support: Snazzy Technologies provides support related to your Snazzy Technologies account and products.
Snazzy Technologies reserves the right to suspend network access to any customer if, in the judgment of the Snazzy Technologies network administrators, the customer's account or configuration is the source or target of a violation of any of the other terms of service or for any other reason which Snazzy Technologies chooses. Snazzy Technologies will use reasonable care in notifying the Customer and in resolving the problem. Snazzy Technologies reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account(s) were suspended.
If at any time it becomes necessary for Snazzy Technologies to cancel a customer's account without cause, Snazzy Technologies will provide 10 days advance notice.
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that Snazzy Technologies may disclose any and all customer information including account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Customer. In addition, Snazzy Technologies shall have the right to terminate all service set forth in this Agreement.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Customers gain access to accounts; what Content you access via the Products or Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Products or Services. We make no representations concerning any Content contained in or accessed through the Products or Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Products or Services.
THE PRODUCTS OR SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PRODUCTS OR SERVICES IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PRODUCTS OR SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF SNAZZY TECHNOLOGIES HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. CUSTOMER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SNAZZY TECHNOLOGIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST SNAZZY TECHNOLOGIES ARISING OUT OF CUSTOMERS PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF SNAZZY TECHNOLOGIES DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE PRODUCTS OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE PRODUCTS OR SERVICES.
Snazzy Technologies wishes to emphasize that in agreeing to the Snazzy Technologies Terms of Service, customer indemnifies Snazzy Technologies for any violation of the Terms of Service that results in loss to Snazzy Technologies or the bringing of any claim against Snazzy Technologies by any third-party. This means that if Snazzy Technologies is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Snazzy Technologies, plus all costs and reasonable attorney's fees.
You agree that Snazzy Technologies may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Snazzy Technologies products.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Snazzy Technologies and govern your use of Snazzy Technologies products, superseding any prior agreements between you and Snazzy Technologies for the use of Snazzy Technologies products.
The Terms of Service and the relationship between you and Snazzy Technologies shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and Snazzy Technologies agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia.
The failure of Snazzy Technologies to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Snazzy Technologies products or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.