terms of use
The use of services from CoolerEarth LLC, [hereafter referred to as "Provider"] constitutes agreement to these terms.1) Account Setup / Email on file
We will setup your account after receipt of all required account
information, payment receipt verification and the conclusion of all
order & fraud screening processes. Providing false contact
information of any kind may result in the termination of your account.
2) Content
All services provided by Provider may only be used for lawful purposes. The laws of the State of FLORIDA, and the United States of America apply.
The customer agrees to indemnify and hold harmless Provider from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or
trademark is prohibited. This includes but is not limited to
unauthorized copying of music, books, photographs, or any other
copyrighted work. The offer of sale of any counterfeit merchandise of a
trademark holder will result in the immediate termination of your
account. Any account found to be in violation of anothers copyright
will be expeditiously removed, or access to the material disabled. Any
account found to be in repeated violation of copyright laws will be
suspended and/or terminated from our hosting.
Provider services, including all related equipment, networks
and network devices are provided only for authorized customer use.
Provider systems may be monitored for all lawful purposes, including to
ensure that use is authorized, for management of the system, to
facilitate protection against unauthorized access, and to verify
security procedures, survivability, and operational security. During
monitoring, information may be examined, recorded, copied and used for
authorized purposes. Use of Provider system(s) constitutes consent to
monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material
that, in our judgment, is obscene, threatening, illegal, or violates
our terms of service in any manner may be removed from our servers (or
otherwise disabled), with or without notice.
3) Payment Information
You agree to supply appropriate payment for the services
received from Provider, in advance of the time period during which such
services are provided. You agree that until and unless you notify
Provider of your desire to cancel any or all services received, those
services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation
process provided. Once we receive your cancellation and have confirmed
all necessary information with you via e-mail, we will inform you in
writing (typically email) that your account has been canceled.
As a client of Provider, it is your responsibility to ensure
that your payment information is up to date, and that all invoices are
paid on time. Provider provides a thirty (30) day grace period from the
time the invoice is generated and when it must be paid. Provider
reserves the right to change the monthly payment amount and any other
charges at anytime.
4) Cancellations and Refunds
Provider reserves the right to cancel the account at any time with or without notice. Violations of the Terms of Service will waive the refund policy.
5) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Provider harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted against
Provider, its agents, its customers, officers and employees, that may
arise or result from any service provided or performed or agreed to be
performed or any product sold by customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
Provider against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed in
connection with Provider; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any defective products sold
to customers from Provider's server.
6) Arbitration By using any Provider services, you agree
to submit to binding arbitration. If any disputes or claims arise
against Provider or its subsidiaries, such disputes will be handled by
an arbitrator of Provider's choice. An arbitrator from the American
Arbitration Association will be selected. Arbitrators shall be
attorneys or retired judges and shall be selected pursuant to the
applicable rules. All decisions rendered by the arbitrator will be
binding and final. The arbitrator's award is final and binding on all
parties. The Federal Arbitration Act, and not any state arbitration law,
governs all arbitration under this Arbitration Clause. You are also
responsible for any and all costs related to such arbitration.
7) Disclaimer
Provider shall not be responsible for any damages your business
may suffer. Provider makes no warranties of any kind, expressed or
implied for services we provide. Provider disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss
of data resulting from delays, no deliveries, wrong delivery, and any
and all service interruptions caused by Provider and its employees.
8) Disclosure to law enforcement
Provider may disclose any subscriber information to law
enforcement agencies without further consent or notification to the
subscriber upon lawful request from such agencies. We will cooperate
fully with law enforcement agencies.
Provider reserves the right to revise its policies at any time without notice.