Section 1 - General User
For the purpose of this Policy document and all referenced and associated documents,
- “FEATHERWEIGHT”, “US” and “WE” (and “OUR” as the associated possessive adjective) shall mean Featherweight LLC (including its projects Aarfie, Aarcade and Brikkie) and collectively their officers, members, directors, employees, agents, affiliates, contractors, representatives, information providers, licensors, licensees, service providers, suppliers, successors and assigns.
- “YOU”, “CUSTOMER”, “GUEST” and “VISITOR” (and “YOUR” as the associated possessive adjective) shall mean the person using THE SITE, THE SITE CONTENT or THE PRODUCTS/SERVICES, as well as any company or entity of any kind on behalf of which this use is made. In the case of such companies or other entities, “YOU”, “CUSTOMER”, “GUEST” and “VISITOR” (and “YOUR” as the associated possessive adjective) shall also include collectively its officers, members, directors, employees, agents, affiliates, contractors, representatives, information providers, licensors, licensees, service providers, suppliers, successors and assigns.
- “THE POLICIES” shall mean all policies, terms and conditions, explanations, descriptions and any text whatsoever included within this document as well as any policies, terms or conditions included by reference.
- “THE AGREEMENT” shall mean the agreement between YOU and FEATHERWEIGHT to incorporate and be bound to THE POLICIES.
- “THE SITE” shall mean all FEATHERWEIGHT web sites, including, but not limited to, featherweight.co, aarfie.com, aarfiesupport.com, aarfiefiles.com, aarcadethemes.com and brikkie.com and all administration interfaces contained on THE SERVER, controlled by FEATHERWEIGHT and used for YOUR account management.
- “THE SERVER” shall mean all FEATHERWEIGHT servers, real or virtual, including supporting network, infrastructure, hardware and software used to host both THE SITE and all CUSTOMER sites and services.
- “THE SHOP” shall mean all sections of THE SITE dedicated to the sale (including the communication of pricing) and the process of YOUR purchase of THE PRODUCTS/SERVICES
- “CONTENT” shall mean all content of the site/s or server/s in context, including, but not limited to, audio, photographs, illustrations, graphics, video, advertisement, software, code, data, works of authorship and materials thereon, the look and feel, design and organization of the site/s or server/s, and the compilation of the material on the site/s or server/s
- “THE PRODUCTS/SERVICES” shall mean all products and services provided by FEATHERWEIGHT either for free or at cost, including, but not limited to, design, appearance, audio, video, photographs, illustrations, graphics, code, data, text, files, software, support, works of authorship and materials thereon, hosting, domain registration, domain management, instructions, tutorials, links, references, advice, correspondence, recommendations, THE SITE, THE SITE CONTENT, THE SERVER and THE SERVER CONTENT.
- “LINKED SITE” shall mean any web site outside of the THE SITE that references or links to THE SITE or that is referenced or linked from THE SITE.
By browsing and using THE SITE, and/or using THE PRODUCTS/SERVICES, YOU are agreeing unconditionally to comply with and be bound by THE POLICIES and further agree to be bound by any future amendments to THE POLICIES. If YOU do not accept THE POLICIES do not use THE SITE or THE PRODUCTS/SERVICES.
YOUR use of THE SITE or THE PRODUCTS/SERVICES, places THE AGREEMENT into full force and effect unless THE AGREEMENT is otherwise nullified by THE POLICIES.
Any amendment of THE POLICIES shall automatically be effective on the date that the amendment is published on THE SITE. It is YOUR responsibility to return to THE POLICIES from time to time to review the most current version of THE POLICIES. FEATHERWEIGHT does not and will not assume any obligation to notify YOU of changes to THE POLICIES. The current version of THE POLICIES will supersede any prior communications or agreement with respect to THE SITE or THE PRODUCTS/SERVICES, unless such agreement expressly states that it is not superseded by THE POLICIES.
Notwithstanding anything contained in the foregoing, THE POLICIES will not bind FEATHERWEIGHT unless YOU meet the eligibility criteria for entering into THE AGREEMENT, as set forth in THE POLICIES.
3. General Disclaimer
THE SITE CONTENT is for general information purposes only. THE SITE CONTENT is provided by FEATHERWEIGHT and, while WE endeavor to keep the information up to date and correct, WE make no representations or warranties of any kind, express, implied or statutory, about the completeness, accuracy, reliability, suitability or availability with respect to THE SITE or THE SITE CONTENT. Any reliance YOU place on such information is therefore strictly at YOUR own risk.
In no event will FEATHERWEIGHT be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of THE SITE.
Every effort is made to keep THE SITE up and running smoothly. However, FEATHERWEIGHT takes no responsibility for, and will not be liable for, THE SITE or THE SERVER being temporarily unavailable.
WE are committed to ensuring that YOUR information is secure. In order to prevent unauthorised access or disclosure WE have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information WE collect online.
Information We Collect
If YOU choose to use THE PRODUCTS/SERVICES, WE may require YOU to provide contact and identity information including:
- YOUR name, address, email address, and other basic contact information.
- Communications and other messages, including correspondence between FEATHERWEIGHT and YOU.
- Non-personally identifiable information that WE gather, including YOUR IP address, computer sign-on data, statistics on page views, traffic to and from THE SITE and individual pages on THE SITE and data that WE may collect through cookies or other means. YOU can take steps to disable cookies on YOUR browser; however, this may affect YOUR ability to use THE SITE.
- General information regarding THE PRODUCTS/SERVICES you have registered to receive.
Our Use and Disclosure of Your Information
WE may use YOUR Personal Information to:
- Provide THE PRODUCTS/SERVICES.
- Resolve disputes, calculate and collect fees, and troubleshoot problems.
- Verify CUSTOMER identity and the information CUSTOMER’S provide.
- Encourage a safe online experience and enforce THE POLICIES.
- Improve THE PRODUCTS/SERVICES and CUSTOMER experience and inform CUSTOMERS about THE PRODUCTS/SERVICES and updates.
- Provide CUSTOMERs with information that may affect their use of THE PRODUCTS/SERVICES.
- Communicate marketing and promotional offers to CUSTOMERS.
WE do not sell or rent YOUR Personal Information to third parties. WE may share and YOU hereby consent to OUR sharing of personal information with the following:
- Service providers and affiliates who assist in the delivery of THE PRODUCTS/SERVICES WE provide to YOU, the enforcement of THE POLICIES, and the promotion of trust and safety.
- Third parties if WE believe that disclosure is advisable or necessary to comply with the law, to enforce or apply THE POLICIES, or to protect the rights, property or safety of FEATHERWEIGHT or others. This may include exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Submissions and Privacy
In the event that YOU submit or post any ideas, creative suggestions, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, YOU expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of FEATHERWEIGHT without any compensation or credit to YOU whatsoever. FEATHERWEIGHT shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services using such ideas.
THE SITE and the THE SITE CONTENT are protected by U.S. and international copyright, trademark and other laws. FEATHERWEIGHT owns, solely and exclusively, all rights, title and interest in and to THE SITE and the THE SITE CONTENT including, but not limited to, all intellectual property and proprietary rights therein. YOUR use of THE SITE or the THE SITE CONTENT does not grant to YOU any ownership of any CONTENT YOU may access on THE SITE.
The trademarks, logos, service marks and trade names (collectively, the “TRADEMARKS”) displayed on THE SITE or in connection with THE SITE CONTENT made available through THE SITE are registered and unregistered TRADEMARKS of FEATHERWEIGHT and may not be used except with written permission of the respective TRADEMARK owner. Nothing contained on THE SITE should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any TRADEMARK displayed on THE SITE without the written permission of FEATHERWEIGHT or the third party that may own the applicable TRADEMARK. YOUR misuse of the TRADEMARKS displayed or stored on THE SITE is strictly prohibited.
FEATHERWEIGHT grants YOU a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy THE SITE CONTENT for personal, non-commercial use only, subject to and conditioned on YOUR continued compliance with the terms and conditions in THE POLICIES. This license is granted solely to allow YOU to visit and display THE SITE and to use THE PRODUCTS/SERVICES as permitted by THE POLICIES. YOU agree not to remove, alter or obscure any proprietary notices provided in or with THE SITE CONTENT. All rights not expressly granted in THE POLICIES are reserved.
Unauthorised use of THE SITE may give rise to a claim for damages and/or be a criminal offence.
Copyright Infringement Claims
FEATHERWEIGHT respects the intellectual property rights of others and expects CUSTOMERS to do so as well. If YOU believe that YOUR copyrighted work has been copied or posted on or through THE SITE, THE SERVER or THE PRODUCTS/SERVICES in a way that constitutes copyright infringement, then YOU may send a notice to FEATHERWEIGHT that contains the following:
- A description of the copyrighted work that YOU believe has been infringed.
- A description of what the allegedly infringing work is.
- A description of the location where the allegedly infringing work is located on THE SITE or THE SERVER.
- An address and telephone number where YOU can be contacted, including an email address if possible.
- A statement that YOU have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
If YOU receive a copyright notice from US that YOU believe is incorrect, then YOU may send a counter notice to US. After receiving a counter notice, WE may reinstate the content in question under Sections 512(g)(2) and (3) of the Copyright Act. A counter notice must include:
- A physical or electronic signature of the alleged infringer.
- A description of the material that was removed or to which access was disabled.
- A description of the location where the allegedly infringing work was located on THE SITE before it was removed or access was disabled.
- A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or that access was denied as a result of a mistake or misidentification.
- The alleged infringer’s name, address and telephone number.
- A statement that the alleged infringer consents to the jurisdiction of the federal court with jurisdiction over the address provided by the alleged infringer, or if the alleged infringer is outside of the United States, then that the alleged infringer consents to jurisdiction in Portland, Oregon and will accept service of process from the party who is alleging the infringement.
Trademark Infringement Claims
FEATHERWEIGHT also takes trademark rights seriously and will investigate reasonable trademark issues that are brought to its attention. Please keep in mind, however, that trademark rights are territorial and more than one party can own a trademark in different territories. More than one party may also use a trademark on sufficiently different goods or services. If YOU believe that a trademark that YOU own has been infringed on or through THE SITE, THE SERVER or THE PRODUCTS/SERVICES, then YOU may send a notice to FEATHERWEIGHT that includes the following:
- Sufficient information to identify the trademark that was allegedly infringed.
- YOUR ownership rights in such trademark, including the territories in which YOU have rights or registrations.
- Information as to the goods and services on which YOU use the trademark and the length of time YOU have been using the trademark on each of the identified goods and services.
- A statement of YOUR basis for why YOUR trademark rights have been infringed, including a description of the allegedly infringing trademark and the goods and services on which it is used.
- The location of the allegedly infringing material on THE SITE, THE SERVER or THE PRODUCTS/SERVICES.
- YOUR contact information, including address, telephone number and email address.
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the trademark owner or is authorized to act on behalf of the trademark owner.
False Claims and Other Things To Note
YOU may be liable for damages if YOU materially misrepresent that YOUR intellectual property rights have been violated, for instance if the alleged infringement is a fair use of YOUR copyright or trademark. Therefore, if YOU are not sure whether or not YOUR intellectual property rights have been infringed, please contact an attorney before contacting FEATHERWEIGHT.
FEATHERWEIGHT may provide a copy of YOUR notice or counter notice to the other parties concerned and may also provide it to third parties, including posting any communications in place of the disabled content.
FEATHERWEIGHT will not act as an arbiter of disputes, but it reserves the right to remove any material or to disable access of anyone who violates THE AGREEMENT.
YOU agree that if YOU include a link from any other web site to FEATHERWEIGHT, such link shall:
- Link to the full version of a publicly published HTML formatted page of THE SITE.
- Not link directly to any image hosted at THE SERVER, such as using an “in-line” linking method to cause the image hosted by US to be displayed on another web site.
- Not link in any manner such that THE SITE, or any page of THE SITE, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
WE reserve OUR right to insist that any link to THE SITE or THE SERVER be discontinued, and to revoke YOUR right to link to THE SITE or THE SERVER from any other web site at any time upon written notice to YOU.
YOU acknowledge and agree that FEATHERWEIGHT has no responsibility for LINKED SITE CONTENT. These links are provided for YOUR convenience and do not constitute an endorsement or sponsorship by US of LINKED SITES, LINKED SITE CONTENT or the views expressed therein. FEATHERWEIGHT does not warrant that LINKED SITE CONTENT is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on LINKED SITE CONTENT is done at YOUR own risk and YOU assume all responsibilities and consequences resulting from such reliance.
7. Reserved Rights
FEATHERWEIGHT reserves the right, for any reason, in its sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of THE SITE, THE SERVER or THE PRODUCTS/SERVICES, including, but not limited to, content, features, hours of availability, equipment required for access or requiring payment for some or all uses of THE SITE. WE may also impose limits on certain features of THE SITE or THE PRODUCTS/SERVICES, or restrict YOUR access to part or all of THE SITE or THE PRODUCTS/SERVICES without notice to YOU or penalty to US.
FEATHERWEIGHT reserves the right to block, suspend or terminate the account and/or THE SITE and THE SERVER access of anyone who violates THE POLICIES.
FEATHERWEIGHT reservers the right to cooperate with any law enforcement, court or government investigation or order or governing third party requesting or directing that WE disclose information or content or information that YOU provide, or if WE decide that such disclosure is in FEATHERWEIGHT’s or its CUSTOMERS’ best interests.
THE PRODUCTS/SERVICES are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, THE PRODUCTS/SERVICES are not available to children (persons under the age of 18). If YOU are registering as a business entity, YOU represent that YOU have the authority to bind such entity to THE POLICIES. FEATHERWEIGHT may use techniques to confirm the accuracy of the information YOU provide when YOU register on the THE SITE. If for any reason, FEATHERWEIGHT, in its discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to YOU, to revoke any and all PRODUCTS/SERVICES or to refuse to provide THE PRODUCTS/SERVICES to YOU.
9. Your Representations and Warranties
By using THE SITE, THE SITE CONTENT or THE PRODUCTS/SERVICES, YOU represent and warrant that:
- YOU are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who YOU are authorising to use THE SITE, THE SITE CONTENT or THE PRODUCTS/SERVICES.
- YOU understand and agree that THE AGREEMENT is a legally binding agreement and the equivalent of a signed, written contract.
- YOU will use THE SITE, THE SITE CONTENT or THE PRODUCTS/SERVICES in a manner consistent with all laws and regulations and in accordance with THE POLICIES.
- YOU are authorised to sign for and bind the person or entity using THE SITE, THE SITE CONTENT or THE PRODUCTS/SERVICES.
- YOU will provide only true, accurate, complete and current information to FEATHERWEIGHT.
- YOU will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal YOUR identity from FEATHERWEIGHT or in any material that YOU post or submit on THE SITE or THE SERVER for any purpose.
Section 2 - Products and Services
1. Shop, Quotations and Purchases
All prices and fees are in United States Dollars (USD) unless stated otherwise within the shop, quotation or subscription document.
Once payment for THE PRODUCTS/SERVICES has been processed and cleared YOU will receive an email including details on how to retrieve THE PRODUCTS/SERVICES, or an email establishing communication with FEATHERWEIGHT that will lead to the preparation and finally the delivery of THE PRODUCTS/SERVICES.
FEATHERWEIGHT is committed to providing such an email within two full business days from your purchase date, however this response time is not guaranteed. Should circumstances lead to OUR general response time being temporarily extended, the details of the extended response time shall be provided via a public notice at THE SITE. If YOU do not receive such an email within the applicable response time, please contact FEATHERWEIGHT via the contact tools provided at THE SITE.
Project, service and delivery schedules are provided as an estimate only, based upon previous experience and OUR current work load. FEATHERWEIGHT does not guarantee project, service and delivery schedules – refer to Disclaimer of Warranties, Limitation of Liability and Indemnity policies herein for more information.
Unless stated otherwise within the quotation document, quotations are valid and open for acceptance for a period of 30 days from the quotation date.
Separable Items and Revisions
Unless stated otherwise within the quotation document, quoted items can not be separated out for individual supply at the quoted item price. To remove quoted items, or reduce your quotation to a single item, YOU must request a quote revision from FEATHERWEIGHT.
Once a revised quote is issue by FEATHERWEIGHT, all previous revisions of the quote are immediately void and therefore no longer open for acceptance.
Without exception, THE POLICIES, as defined in this document, apply to FEATHERWEIGHT’s quotations, shop, subscription documents and to THE PRODUCTS/SERVICES quoted therein or otherwise provided to or used by YOU. THE POLICIES in their entirety supersede any prior understandings or written or oral agreements.
Terms of Payment
Payment for ready-made PRODUCTS/SERVICES are processed immediately upon YOUR completion of check out through THE SHOP. Ready-made PRODUCTS/SERVICES will not be delivered until such payment is completely cleared.
FEATHERWEIGHT’s quotations are based upon payment within 3 days from invoice date. FEATHERWEIGHT accepts payment via THE SITE secure payment gateway only. No checks, cash or any other form of payment will be accepted. In the event YOU fail to make full payment within such 3 day period, the unpaid balance of the invoice shall bear interest at the rate of 1.5% for each full or partial month such invoice remains unpaid for which YOU will be liable. In the event FEATHERWEIGHT incurs any expense collecting a past due invoice, YOU shall pay for all collection costs, including attorney’s fees and court costs, if any, incurred in collection.
In the event YOU fail to make full payment within 3 days from invoice date, this failure to pay shall constitute a breach of THE AGREEMENT which may lead to suspension or termination of YOUR account and any other remedial action allowed by THE POLICIES.
3rd Party Web Applications
Should OUR quoted solution require 3rd party web applications, such as Big Cartel for example, the monthly service costs of such applications have not been included in OUR pricing or quotation and are separate from and not associated with FEATHERWEIGHT or THE PRODUCTS/SERVICES. Please refer to the associated 3rd party web site for the additional pricing of these applications.
Excluded from all FEATHERWEIGHT quotations are excessive design reviews / alternative layouts (the classification of which is to FEATHERWEIGHT’s sole and absolute discretion and/or judgment), add-on design work (e.g. creating logos, processing product photos, uploading products, inserting site content, etc.), additional specialised formatted pages or the addition of any special requirements or interactive elements (e.g. blogs, newsletter subscription, web forms, guestbook, forum, etc.) beyond that specifically detailed in the quotation document. See also Variations policy below.
While OUR original quotations and pricing are fixed, WE reserve the right to charge additional sums for the provision of PRODUCT/SERVICES that could not have reasonably been accounted for in OUR original quotation, the classification of which is to FEATHERWEIGHT’s sole and absolute discretion and/or judgment.
Any additional expenses, such as printing, copywriting, shipping, messenger services, stock photography, illustrations and fonts, will be invoiced at cost plus 15%. Receipt of expenses can be provided upon request.
YOUR approval will be sought prior to the provision of variation design, software, products and services wherever possible, however FEATHERWEIGHT’s failure to seek such approval shall not remove YOUR liability for the variation cost.
While FEATHERWEIGHT offers some of THE PRODUCTS/SERVICES for free or as support, WE reserve the right to charge additional sums for, and refuse further provision of, any and all of THE PRODUCTS/SERVICES should the provision of any portion of THE PRODUCTS/SERVICES be deemed, to FEATHERWEIGHT’s sole and absolute discretion and/or judgment, in excess of “fair use” of THE PRODUCTS/SERVICES or outside of the scope of reasonable support.
Unless specifically stated otherwise within the shop, quotation or subscription document, THE PRODUCTS/SERVICES remain the property of FEATHERWEIGHT and your purchase grants you only a restricted license to use THE PRODUCTS/SERVICES. Refer to the Ownership and License policy for more information.
Where THE PRODUCTS/SERVICES are developed by FEATHERWEIGHT specifically for YOUR project and ownership of the same is to be handed-over, THE PRODUCTS/SERVICES remain the property of FEATHERWEIGHT until YOUR full payment of the associated project invoice is received. Until this time the referenced PRODUCTS/SERVICES remain the property of FEATHERWEIGHT and FEATHERWEIGHT retains copyright, all rights reserved. Reproduction or redistribution of part or all of the referenced PRODUCTS/SERVICES in any form or variation is strictly prohibited. Unauthorised reproduction or redistribution may give rise to a claim for damages and/or be a criminal offence. Please refer to the Ownership and License and further Copyright policies within THE POLICIES.
2. Project and Service Schedule
Quoted schedules are provided as an estimate only and, where applicable, are based upon YOUR prompt review of designs, response to queries and supply of necessary files and information. Prolonged delays in YOUR response can lead to a project being removed from the current work schedule and re-assigned to the next available project start date.
FEATHERWEIGHT does not guarantee any project, service and delivery schedules – refer to Disclaimer of Warranties, Limitation of Liability and Indemnity policies herein for more information.
Static Projects and Services
A project or service that is inactive, that has been put on hold at YOUR request, or that is awaiting YOUR input to proceed for longer than 10 business days will be classified as static. Static projects will be reviewed and closed to FEATHERWEIGHT’s sole and absolute discretion and/or judgment.
A closed project or service can not be re-opened under the same quotation or purchase and no refund will be provided to YOU except as otherwise agreed to in writing by FEATHERWEIGHT. As such, re-opening a closed project or service will require a new quotation or purchase and a revised estimated schedule from FEATHERWEIGHT. FEATHERWEIGHT, at their sole and absolute discretion and/or judgment, may choose not to provide a quotation or purchase option at this stage and decline further involvement in YOUR project. At the very least, proceeding with a static project will be deemed a higher risk and the original quotation and schedule will be revised accordingly.
3. Custom Project Process
A. Submit Your Details
A custom project process begins when YOU submit details to FEATHERWEIGHT via a custom project form at THE SITE. This does not commit YOU to anything, but simply starts a conversation about YOUR requirements. WE will review YOUR information and reply with a few extra questions if necessary.
If WE believe FEATHERWEIGHT is the best option for YOUR project, WE email YOU a quote including an estimated time frame for completing YOUR project. Otherwise WE will halt the process at this stage.
C. Project Kick Off
If YOUR wish to work with FEATHERWEIGHT, WE start a casual email conversation to improve OUR understanding of YOUR needs and preferences. WE maintain this back and forth as required throughout the rest of the process.
D. Non-Refundable Deposit (for projects with design included)
Once WE have a solid understanding of YOUR project we invoice a non-refundable $100 deposit. The deposit must be paid before any further work proceeds. This helps US confirm that you are committed to moving your project forward and secures YOUR project’s place in OUR work schedule.
E. First Draft (for projects with design included)
Based upon OUR conversation, we draft a front-page design for YOUR new web space. We send YOU a screen shot and we work together to fine tune the design. If OUR initial design is too far off the mark, we re-start the first draft stage with a new front-page design. The first draft stage may include up to 3 re-starts, after which FEATHERWEIGHT may re-quote the project or either FEATHERWEIGHT or YOU may choose to cancel the Custom Project process at no further cost. Note that the first draft stage focuses solely on the front-page of YOUR web space.
F. Initial Invoice and Development
Once YOU approve the first draft (or provide your existing design files), WE invoice 50% of the quoted value for YOUR project less any initial deposit value. Once WE have received YOUR payment, WE proceed with designing and coding to create a complete web space, per your project requirements, at a temporary location on FEATHERWEIGHT’s server or test location.
G. Final Review
When the web space is completed and tested, it is ready for YOUR final review. WE then carry out the final tuning of YOUR new web site, based upon YOUR feedback.
H. Final Invoice
With YOUR new web space ready to go live, WE invoice the remaining 50% of the quoted value for YOUR project. Once we have received YOUR payment, we transfer YOUR web space to its final location on the web.
WE wrap up the project with a handover email including an introduction to YOUR new site as well as support and maintenance details.
J. Take Control
YOU take control of your site, add YOUR content and enjoy the ease of maintaining a FEATHERWEIGHT-made web space. Whenever you have a question that can’t be answered by YOUR support resources, simply contact FEATHERWEIGHT via the contact tools provided at THE SITE, for prompt and personal assistance.
4. General Work Policies
FEATHERWEIGHT adheres to the following general work policies to maintain an efficient, low-cost and fun working environment. The following is not intended to be an exhaustive / complete list of OUR general work policies, but rather a summary of the particular work policies that may be considered non-standard and/or impact the manner in which WE deliver THE PRODUCTS/SERVICES.
Where custom projects require a web site, FEATHERWEIGHT will design and install it on THE SERVER on OUR own platform. WE do not design and install web sites to be hosted elsewhere or built upon other platforms.
Where custom projects require a web store, FEATHERWEIGHT will design and install it on the Big Cartel platform or on THE SERVER on OUR own platform. WE do not design and install web stores to be hosted elsewhere or built upon other platforms.
High Priority or Rush Projects
WE do not adjust OUR work schedule or resources to accommodate “high priority” or “rush” projects. OUR quoted and actual schedules are set and maintained independently of any CUSTOMER or 3rd party timing requirements. Should a CUSTOMER have strong feelings regarding the urgency of their project, then WE do not recommend FEATHERWEIGHT’s PRODUCTS/SERVICES. Furthermore, FEATHERWEIGHT reserves the right, in its sole discretion, to terminate the quotation or project process if such urgency results in the placement of unreasonable requests upon FEATHERWEIGHT.
OUR best efforts are devoted to meeting quoted schedules, however FEATHERWEIGHT does not guarantee project delivery – refer to Disclaimer of Warranties, Limitation of Liability and Indemnity policies herein for more information.
FEATHERWEIGHT runs without phones and it runs well. WE are an internet company and WE believe strongly in the internet as a superior global communication tool. This key business approach plays a major role in allowing OUR small team to,
- Maintain scheduling for existing projects and new enquiries
- Maintain record keeping for all correspondence
- Accurately contain project cost
- Provide greatly reduced project pricing
- Work internationally, independent of time zones
FEATHERWEIGHT does not attend meetings, either in person or online, for the purpose of delivering THE PRODUCTS/SERVICES. Generally for the same reasons WE run without phones.
Adobe Flash Animation
Print or Logo Work
FEATHERWEIGHT does not do Print or Logo work. WE are completely focused on web design and development and therefore do not design for print. WE do not design logos.
Large Business, Organisation, Corporate or Collaborative Projects
FEATHERWEIGHT does not engage in Large Business, Organisation, Corporate or Collaborative Projects. We focus on dealing directly with small businesses and individuals. It’s what WE love doing the most. Large Business, Organisation, Corporate or Collaborative projects are not within our scope.
FEATHERWEIGHT does not create or maintain YOUR CONTENT. Providing YOU with the tools to easily do this yourself is what WE are all about. This extends to the creation of content during the development of YOUR project or the delivery of THE PRODUCTS/SERVICES; should excessive content creation be required (the classification of which is to FEATHERWEIGHT’s sole and absolute discretion and/or judgment) during project development or the delivery of THE PRODUCTS/SERVICES, FEATHERWEIGHT reserves the right to apply variations as allowed by THE POLICIES.
THE PRODUCTS/SERVICES are validated and tested on current and common web browsers, with particular focus on web browsers that actively strive to support the latest coding standards (e.g. Apple Safari, Google Chrome and Mozilla FireFox). FEATHERWEIGHT passionately encourages the use of such browsers as part of our efforts to move web standards forward in general.
Regardless of the extent of our testing, FEATHERWEIGHT does not warrant that THE PRODUCTS/SERVICES shall work as intended or look the same, in all web browsers – refer to Disclaimer of Warranties, Limitation of Liability and Indemnity policies herein for more information.
FEATHERWEIGHT does not test THE PRODUCTS/SERVICES on significantly out of date browsers. Generally WE focus on the current version number of any web browser used for testing, but may also include the previous version number if the current version is a new release. We do this for the following reasons:
- For The User: Removing support for browsers that are many years old encourages upgrading. Upgrading to a current browser is FREE, takes only a moment of time and greatly improves the security, speed and experience of the user’s future web browsing.
- For The Web: Countless hours have been spent on customising and compromising web site designs to ensure they are compatible with out of date browser software, simply because the browser users are unaware of why they should upgrade. WE prefer to bring this issue to light rather than fudge web design and leave the user oblivious. If WE can all upgrade to current browser software, all those wasted hours can be spent on further advancing the web in general.
Where THE PRODUCTS/SERVICES are intended for use on a 3rd party platform (e.g. Big Cartel themes for the Big Cartel platform), FEATHERWEIGHT does not warrant that THE PRODUCTS/SERVICES shall work on, or be compatible with, future versions of that 3rd party platform.
While FEATHERWEIGHT is committed to maintaining updates for THE PRODUCTS/SERVICES to ensure that they remain compatible with the latest version of the 3rd party platform, FEATHERWEIGHT does not warrant that such updates will be made available.
6. Customer Provided Information and Data
By providing FEATHERWEIGHT with information/data including, but not limited to, design, appearance, audio, video, photographs, illustrations, graphics, code, data, text, files, software, works of authorship and materials thereon, instructions, tutorials, links, references, advice, correspondence and recommendations, YOU represent and warrant that:
- The information/data is legally eligible for the intended use relating to THE PRODUCTS/SERVICES.
- Where applicable (while common standards and sense should be YOUR indicator, the classification of which shall be to FEATHERWEIGHT’s sole and absolute discretion and/or judgment), YOU are the creator of the information/data and/or you hold the required ownership or license for the intended use of the information/data relating to THE PRODUCTS/SERVICES.
- The intended use of the information/data relating to THE PRODUCTS/SERVICES will not breach any Copyright or otherwise be considered misuse by the creator or owner of the information/data. This shall also apply where your information/data has been derived from, or inspired by, information/data owned/created by others.
Should YOU misrepresent or breach the above warranty, FEATHERWEIGHT reserves the right, in its sole and absolute discretion and/or judgment, to terminate the related quotation or project process. Furthermore, where information/data relating to the misrepresentation or breach remains in use, FEATHERWEIGHT reserves the right to terminate your account and use of THE PRODUCTS/SERVICES per THE POLICIES, until such use is corrected.
YOU shall be solely responsible for any claims, damages, obligations, losses, liabilities, costs and expenses arising from the use of information/data in this context of this policy – refer to Disclaimer of Warranties, Limitation of Liability and Indemnity policies herein for more information.
All payments are processed via THE SITE secure payment gateway only. No checks, cash or any other form of payment will be accepted.
Unless otherwise stated in the quotation document, invoice or subscription instruction provided by FEATHERWEIGHT or in THE SITE, all pricing and fees are quoted, paid and processed in USD.
FEATHERWEIGHT does not offer refunds for any purchases or subscriptions under any circumstances unless otherwise agreed to in writing by FEATHERWEIGHT within an official quotation document.
YOU shall pay the fees as detailed in the quotation document or subscription instruction provided by FEATHERWEIGHT or as set forth in THE SITE, for THE PRODUCTS/SERVICES purchased by YOU. FEATHERWEIGHT may change the fees for THE PRODUCTS/SERVICES from time to time. If YOU do not accept a change in the fees, then YOU may terminate YOUR account.
See Pricing and Fees policy for more information.
YOU agree to pay for non-refundable term (monthly or yearly as applicable) subscriptions, in advance, including fees for THE PRODUCTS/SERVICES to be rendered to YOU by or on behalf of FEATHERWEIGHT in the following term.
YOU acknowledge, agree and authorise FEATHERWEIGHT to automatically bill and/or charge YOUR credit card / PayPal account for successive terms of equal length as the initial term, unless terminated or cancelled by YOU or FEATHERWEIGHT as provided by THE AGREEMENT.
Subscriptions are non-refundable. There will be no refunds or credits for partial terms of service, or refunds for terms unused with an open account. In order to treat everyone equally, no exceptions will be made.
Upon non-payment FEATHERWEIGHT in its discretion may re-attempt to collect the amount due up to 3 times before suspending or terminating YOUR Account or immediately suspend or terminate YOUR account.
All fees under THE AGREEMENT exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and YOU will be responsible for payment of all such taxes (other than taxes based on FEATHERWEIGHT’s income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under THE AGREEMENT including the access to or license of THE SITE, THE SITE CONTENT, THE SERVER and THE PRODUCTS/SERVICES and performance of the same hereunder.
8. Ownership and License
Product and Service Ownership
YOU acknowledge and agree that, as between YOU and FEATHERWEIGHT, all THE PRODUCTS/SERVICES and any other CONTENT provided by FEATHERWEIGHT, and all worldwide intellectual property rights therein, are the exclusive property of FEATHERWEIGHT unless otherwise expressly “handed over” by FEATHERWEIGHT in the process of purchase fulfillment. All rights in and to THE PRODUCTS/SERVICES not expressly granted to YOU in THE AGREEMENT are reserved by FEATHERWEIGHT.
Product and Service License
Subject to THE AGREEMENT, FEATHERWEIGHT grants to YOU a non-exclusive, non-transferable, revocable, limited license to use THE PRODUCTS/SERVICES, THE SERVER and THE SERVER CONTENT (as applicable for YOUR purchase) solely for the purpose of YOUR own use at YOUR own site. This license does not extend to multiple sites, whether they be owned by YOU or others.
Product and Service License Restrictions
YOU acknowledge that THE PRODUCTS/SERVICES, THE SERVER and THE SERVER CONTENT constitute valuable intellectual property of FEATHERWEIGHT. Accordingly, except as expressly allowed by THE POLICIES, YOU will not, either directly or through a third party:
- Modify, adapt, alter, translate, or create derivative works from THE PRODUCTS/SERVICES1.
- Distribute, sublicense, lease, rent, loan, sell, share or otherwise transfer THE PRODUCTS/SERVICES, in part or in whole, to any third party.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for THE PRODUCTS/SERVICES or any supporting code residing on THE SERVER.
- Transfer YOUR interest in and to THE PRODUCTS/SERVICES to any third party.
- Use THE PRODUCTS/SERVICES, in part or in whole, in more than one instance2.
1 In the case where THE PRODUCTS/SERVICES are provided to YOU in the form of source code, separate from THE SERVER; YOU may modify this code as long as YOU adhere to all other license restrictions. For example: YOU may modify the code in YOUR purchased Big Cartel theme, only for the purpose of using it at YOUR own shop (one shop only). FEATHERWEIGHT will not provide support for modifying THE PRODUCTS/SERVICES or for THE PRODUCTS/SERVICES once modified.
2 For example: The purchase of a Big Cartel theme allows you to use that theme on one shop only – you must purchase the theme again to use it, or any part of it, on another shop (one purchase = one shop).
Trademark Ownership, License and Restrictions
Subject to THE AGREEMENT, and upon YOUR election to use and pay applicable fees (if any) for THE PRODUCTS/SERVICES, FEATHERWEIGHT grants to YOU a non-exclusive, non-transferable, revocable, royalty-free license (without the right to grant sublicenses) to use and reproduce those trademarks provided to YOU by FEATHERWEIGHT under THE AGREEMENT, solely for display on those locations on YOUR site web pages as designated by FEATHERWEIGHT in its sole discretion, and that FEATHERWEIGHT may periodically change from time to time. FEATHERWEIGHT grants no rights in the FEATHERWEIGHT TRADEMARKS other than those expressly granted in THE AGREEMENT. YOU acknowledge FEATHERWEIGHT’S exclusive ownership of the FEATHERWEIGHT TRADEMARKS and that all use of FEATHERWEIGHT TRADEMARKS inures to FEATHERWEIGHT’s benefit. YOU agree not to take any action inconsistent with such ownership and YOU agree not to adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the FEATHERWEIGHT TRADEMARKS or in such a way as to create combination marks with the FEATHERWEIGHT TRADEMARKS. At FEATHERWEIGHT’S request (in its discretion), YOU will immediately discontinue all use and display of the FEATHERWEIGHT TRADEMARKS. YOU acknowledge and agree that, except with respect to the trademark license granted herein in and to the FEATHERWEIGHT TRADEMARKS, no licenses are granted by FEATHERWEIGHT to any other trademarks, service marks, or trade names owned by FEATHERWEIGHT.
YOU agree that the nature and quality of all CONTENT, goods and services rendered that YOU provide in connection with the FEATHERWEIGHT TRADEMARKS and all related advertising, promotional and other uses of the FEATHERWEIGHT TRADEMARKS by YOU shall be of a high standard so as to protect and enhance the FEATHERWEIGHT TRADEMARKS and the goodwill pertaining thereto. YOU further agree that all materials bearing the FEATHERWEIGHT TRADEMARKS shall conform to the guidelines that FEATHERWEIGHT may establish from time to time and that YOU shall obtain FEATHERWEIGHT’S approval prior to using the FEATHERWEIGHT TRADEMARKS in any manner that is inconsistent with FEATHERWEIGHT’S guidelines.
THE PRODUCTS/SERVICES may include or require supporting third party software that is subject to supplemental or independent policies, terms, conditions and licenses. Where applicable, such policies, terms, conditions and licenses will be made available to YOU during YOUR use of THE PRODUCTS/SERVICES. YOU agree that YOU will not continue to use THE PRODUCTS/SERVICES unless YOU have agreed to such policies, terms, conditions and licenses upon their provision.
9. Pricing and Fees
FEATHERWEIGHT reserves the right to change, amend and/or otherwise alter the price or fee attached to THE PRODUCTS/SERVICES. Any amendment of pricing or fees shall automatically be effective on the date that the amendment is published on THE SITE. It is YOUR responsibility to return to THE SITE from time to time to review the most current version of pricing and fees. FEATHERWEIGHT does not and will not assume any obligation to notify YOU of changes to pricing and fees. FEATHERWEIGHT does not and will not assume any responsibility or liability for the impact of any change to pricing and fees upon YOU or YOUR purchase or use of THE PRODUCTS/SERVICES; past, present or planned. The current version of pricing and fees will supersede any prior communications or agreement with respect to THE SITE or THE PRODUCTS/SERVICES, unless such agreement expressly states that it is not superseded by the current version of pricing and fees or unless otherwise stipulated within THE POLICIES.
Clarification of specific circumstances:
- Changes in pricing will not be applied to quotations still within their validity period.
- Changes in fees (specifically domain and site management plan fees / rates) may be applied to quotations still within their validity period.
- Changes in pricing and fees may be applied to active domain or site management plans.
- Changes in pricing and fees will be applied to any outstanding maintenance tally.
If YOU do not accept a change in the pricing and fees, then YOU may terminate YOUR account and/or use of THE PRODUCTS/SERVICES .
Upon activation of YOUR account and subject to the payment of applicable fees, FEATHERWEIGHT will provide YOU during the term of THE AGREEMENT with THE PRODUCTS/SERVICES as detailed in the quotation document or subscription instruction provided by FEATHERWEIGHT or as set forth in THE SITE, for THE PRODUCTS/SERVICES purchased by YOU. Where THE PRODUCTS/SERVICES supplied to YOU include use of THE SERVER, the particular FEATHERWEIGHT server used for YOUR service may host several CUSTOMERS with shared resources and network capacity.
Changes in Services
FEATHERWEIGHT reserves the right to change, amend and/or otherwise alter THE PRODUCTS/SERVICES provided with equivalent or otherwise equal PRODUCTS/SERVICES without prior notice to YOU. YOU agree to receive administrative communications from FEATHERWEIGHT in regards to THE PRODUCTS/SERVICES, YOUR account, policy changes and system updates. If YOU do not agree to such changes, then YOU may exercise Termination in line with THE POLICIES. FEATHERWEIGHT will not refund any fees or payments in the event of such Termination.
Downgrading YOUR Service may cause the loss of CONTENT, features, or capacity of YOUR account. FEATHERWEIGHT does not accept any liability for such loss.
11. Disclaimer of Warranties
It is YOUR own responsibility to ensure THE PRODUCTS/SERVICES meet YOUR specific requirements. FEATHERWEIGHT provides THE PRODUCTS/SERVICES on an “as is”, “where is”, “where available” and “as available” basis and expressly disclaim any and all express, implied or statutory warranties or any representation whatsoever with respect to THE SITE, THE SITE CONTENT and THE PRODUCTS/SERVICES.
FEATHERWEIGHT does not endorse or make any representation or warranty with respect to the use, availability, reliability, delivery, up-time, data security, accuracy, reliability, timeliness, or completeness of THE SITE, THE SITE CONTENT and THE PRODUCTS/SERVICES or that THE SITE, THE SITE CONTENT and THE PRODUCTS/SERVICES are, or will be, non-defamatory, non-infringing, otherwise lawful, error-free, uninterrupted or that defects in THE SITE, THE SITE CONTENT and THE PRODUCTS/SERVICES will be corrected. FEATHERWEIGHT does not guarantee or warrant that the files available for downloading will be free from infection by software viruses or other harmful computer code, files or programs.
YOU acknowledge that any reliance on or use of THE SITE, THE SITE CONTENT and THE PRODUCTS/SERVICES is at YOUR sole risk. YOU agree to assume all responsibility and risk for YOUR use of THE SITE, THE SITE CONTENT and THE PRODUCTS/SERVICES, to the fullest extent permissible under applicable law.
12. Limitation of Liability
In no event will FEATHERWEIGHT be liable to any person or entity for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of THE SITE, THE SITE CONTENT, THE SERVER, THE SERVER CONTENT, THE PRODUCTS/SERVICES, LINKED SITES or LINKED SITE CONTENT, whether based on warranty, contract, tort or any other legal theory and whether or not FEATHERWEIGHT is aware of or of advised the possibility of such damages. In the event of any problem with THE SITE, THE SITE CONTENT, THE SERVER, THE SERVER CONTENT, THE PRODUCTS/SERVICES, LINKED SITES or LINKED SITE CONTENT, YOU agree that YOUR sole remedy is to cease using THE SITE, THE SITE CONTENT, THE SERVER, THE SERVER CONTENT, THE PRODUCTS/SERVICES, LINKED SITES or LINKED SITE CONTENT.
To the maximum extent permitted by law, YOU agree to indemnify and hold harmless FEATHERWEIGHT from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to:
- YOUR use of THE SITE, THE SITE CONTENT, THE SERVER, THE SERVER CONTENT, THE PRODUCTS/SERVICES, LINKED SITES or LINKED SITE CONTENT.
- YOUR submission, posting, transmittal, display, storage, distribution, removal or any other use of any CUSTOMER Information, CONTENT and/or any other materials or content.
- YOUR violation of THE AGREEMENT.
- YOUR violation of any law or regulation, or violation of any proprietary or privacy right.
- YOUR violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret.
- Any claim that YOUR submission of any information or content caused damage to a third party.
This indemnification obligation will survive THE AGREEMENT and YOUR use of THE PRODUCTS/SERVICES. FEATHERWEIGHT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU, and in such case, YOU agree to cooperate with FEATHERWEIGHT’s defense of such claim.
FEATHERWEIGHT’s indemnity rights shall not be limited or offset by any contributory negligence by FEATHERWEIGHT.
CUSTOMERS who create, or have created for them, an account on THE SITE or THE SERVER, agree to the following terms and conditions with regard to their account:
- To provide complete and accurate information for YOUR account and to keep YOUR account information up-to-date.
- To choose a user name and password for YOUR account. YOU understand that it is YOUR responsibility to choose a user name and password and to maintain the confidentiality of YOUR password. If YOU share YOUR password with anyone it may jeopardise the security of YOUR account. YOU agree to notify FEATHERWEIGHT promptly if YOU become aware that YOUR password or account has been used without YOUR consent.
- That FEATHERWEIGHT may refuse to grant YOU, and that YOU may not use, a user name that belongs to or is already being used by another CUSTOMER or that is offensive, in OUR sole discretion. If YOU believe that another CUSTOMER’s user name infringes on YOUR rights, then feel free to send US a notice.
- Not to impersonate any other person, thing or entity through YOUR user name.
- Not to access any CUSTOMER’s account without that CUSTOMER’s permission.
- Not to use THE SITE or THE PRODUCTS/SERVICES if YOU are less than 18 years of age without the consent of YOUR parent or guardian, who agrees, on YOUR behalf, that YOU will comply with the terms and conditions of THE AGREEMENT.
- That certain pages on THE SITE may be restricted to CUSTOMERS over the age of 18 and YOU agree not to access or attempt to access such pages if YOU are not over the age of 18.
- Not to post or display any CONTENT that is not suitable for minors unless properly designated.
- That FEATHERWEIGHT may temporarily or permanently discontinue providing THE SITE or THE PRODUCTS/SERVICES at any time and that as a result YOU may be prevented from accessing THE SITE, THE PRODUCTS/SERVICES and YOUR account.
- To be solely responsible for all activities that occur under YOUR account.
- That any hardware and software required to use THE SITE or THE PRODUCTS/SERVICE is YOUR responsibility.
CUSTOMERS, who create or administer an account on THE SITE for another person or entity, agree to the following terms and conditions with regard to the account:
- YOU will abide by all of the terms and conditions provided above with respect to individual accounts.
- YOU represent that YOU are properly authorized to represent the person or entity for which YOU initiate or administer an account.
To the extent that YOU post or otherwise provide FEATHERWEIGHT with CONTENT on or through THE SITE or YOUR account, YOU grant to FEATHERWEIGHT a non-exclusive, fully paid up, royalty free, irrevocable, unlimited, worldwide license to reproduce, display, perform, use and create derivative works from such CONTENT, unless otherwise provided in THE AGREEMENT.
You may close YOUR account by:
- Deactivating YOUR PayPal subscription payment via the PayPal site and your PayPal administration tools.
- Giving FEATHERWEIGHT written notice via email or the contact tools provided at THE SITE.
Upon account close, there will be no refund provided to YOU except as otherwise agreed to in writing by FEATHERWEIGHT and all outstanding fees owed by YOU shall become immediately due and payable. Account close shall not affect the rights of FEATHERWEIGHT to recover from YOU outstanding payment or other costs of any kind under THE AGREEMENT. THE AGREEMENT shall remain in full force and effect until Termination has occurred, as defined by THE POLICIES.
YOUR use of THE SITE and THE PRODUCTS/SERVICES may not violate any of the provisions of THE AGREEMENT. Without limiting its other remedies, FEATHERWEIGHT may immediately issue a warning; temporarily suspend, indefinitely suspend or terminate YOUR account; temporarily suspend, indefinitely suspend or terminate YOUR access to THE SITE and THE SERVER; temporarily suspend, indefinitely suspend or terminate the provision of THE PRODUCTS/SERVICES to YOU; remove (to the extent possible) any materials from THE SERVER; without notice to YOU and end users of YOUR site, if it determines, in its sole and exclusive discretion, that YOU engaged in any activity that violates THE AGREEMENT; that YOU failed to comply with any term or condition of THE POLICIES; or that THE AGREEMENT has otherwise been breached. Upon the occurrence of such a violation, YOU agree to terminate access to THE SITE and THE SERVER. Upon termination, those provisions of THE POLICIES that expressly or by their nature survive THE AGREEMENT will continue in full force and effect.
FEATHERWEIGHT will not intervene or become involved in any disputes between YOU and a third party, including, but not limited to, end users of YOUR site. Consequently, FEATHERWEIGHT reserves the right, in its sole and exclusive discretion, to temporarily suspend, indefinitely suspend or terminate YOUR account; temporarily suspend, indefinitely suspend or terminate YOUR access to THE SITE and THE SERVER; temporarily suspend, indefinitely suspend or terminate the provision of THE PRODUCTS/SERVICES to YOU; remove (to the extent possible) any materials from THE SERVER; without notice to YOU and end users of YOUR site, upon receipt of any third party complaint that YOU have engaged in any activity that violates THE AGREEMENT, that may otherwise subject FEATHERWEIGHT to liability for any reason, or that may cause FEATHERWEIGHT to incur legal fees or other expenses.
Without limiting other remedies, FEATHERWEIGHT may limit YOUR activity; issue a warning; temporarily suspend, indefinitely suspend or terminate YOUR account; temporarily suspend, indefinitely suspend or terminate YOUR access to THE SITE and THE SERVER; temporarily suspend, indefinitely suspend or terminate the provision of THE PRODUCTS/SERVICES to YOU; remove (to the extent possible) any materials from THE SERVER; without notice to YOU and end users of YOUR site, if:
- YOU fail to pay any fees in accordance with THE POLICIES.
- YOU breach THE AGREEMENT in any other manner.
- FEATHERWEIGHT is unable to verify or authenticate any information YOU provide to FEATHERWEIGHT.
- FEATHERWEIGHT believes that YOUR actions may harm, cause financial loss or legal liability for YOU, YOUR customer / visitors, FEATHERWEIGHT or FEATHERWEIGHT’s CUSTOMERS.
In its sole and exclusive discretion, FEATHERWEIGHT may suspend YOUR account or any part of YOUR account by deactivating any access by YOU or by YOUR customers to THE SERVER related to YOUR account while maintaining the information and data related to YOUR account upon THE SERVERS. Suspension may include the disabling of YOUR site and/or any access to THE SITE or THE SERVER. In the event of any such suspension, YOU will be notified and given ten (10) days to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice THE AGREEMENT may be terminated per THE POLICIES. Fees under THE POLICIES will continue to accrue on suspended accounts as if they were not suspended. YOU will remain responsible for the payment of any such fees during any such period of suspension.
THE AGREEMENT may be terminated by FEATHERWEIGHT either immediately as provided in THE POLICIES or after a period of suspension as set forth in THE POLICIES. YOU may terminate THE AGREEMENT by closing YOUR account and adhering to the following Rights Upon Termination.
Rights Upon Termination
In the event of expiration or termination for any reason, any licenses granted under THE AGREEMENT shall automatically and immediately cease and YOU shall stop access and any further use of THE SITE, THE SITE CONTENT, THE SERVER and THE PRODUCTS/SERVICES. YOU agree that FEATHERWEIGHT may employ whatever measures required to ensure that such access and use is prohibited. YOU shall destroy all of THE PRODUCTS/SERVICES in YOUR possession that are the property of FEATHERWEIGHT. Upon termination, there will be no refund provided to YOU except as otherwise agreed to in writing by FEATHERWEIGHT and all outstanding fees owed by YOU shall become immediately due and payable. Termination shall not affect the rights of FEATHERWEIGHT to recover from YOU losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses’ cost or other costs of any kind under THE AGREEMENT. The provisions of THE POLICIES that by their nature are ongoing, or as explicitly provided, will survive termination or expiration of THE AGREEMENT and remain in full force and effect under all circumstances.
16. Limitation on Claims
Any cause of action YOU may have with respect to YOUR use of THE SITE, THE SITE CONTENT or THE PRODUCTS/SERVICES must be commenced within one (1) year after the claim or cause of action arises.
Section 3 - Hosting and Domain Management
1. Usage Policy
YOU may use THE SITE and THE PRODUCTS/SERVICES only for lawful purposes. YOU may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. YOU may not use THE SITE and THE PRODUCTS/SERVICES to facilitate, or otherwise assist others in, the violation of any law or regulation.
YOU are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using THE SITE and THE PRODUCTS/SERVICES comply with THE AGREEMENT and all applicable laws and regulations. FEATHERWEIGHT does not review, edit, censor or take responsibility for any information that YOU, or other CUSTOMERS, may create, transmit, post, store, distribute, display or present using THE SITE and THE PRODUCTS/SERVICES.
You may not use THE SITE, THE SERVER and THE PRODUCTS/SERVICES to:
- Post content or information that is obscene, hateful, threatening, defamatory, includes child pornography, or creates a risk to anyone’s privacy or safety.
- Promote, do or further any unlawful, misleading, discriminatory or malicious activity.
- Solicit personal information from anyone under 18 years of age.
- Transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information.
- Upload or transmit viruses, worms or other malicious code.
- Violate or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets. For instance, YOU may not use THE SITE, THE SERVER and THE PRODUCTS/SERVICES to provide pirated or counterfeit works, information to circumvent copyright protection devices or links to such works or information or impermissibly use someone else’s copyrighted work or trademarks.
- Violate or infringe anyone’s privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission.
- Forge or otherwise manipulate headers, tags or identifiers in order to disguise the origin of any message or transmittal that YOU send or receive on or through THE SITE, THE SERVER and THE PRODUCTS/SERVICES.
- Falsely express or imply that FEATHERWEIGHT sponsors, endorses or is otherwise affiliated with YOU or YOUR CONTENT.
- Violate any law, statute, ordinance or regulation including export, intellectual property and privacy laws.
- Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable THE SITE, THE SERVER and THE PRODUCTS/SERVICE, the proper working of THE SITE, THE SERVER and THE PRODUCTS/SERVICE, security features of THE SITE, THE SERVER and THE PRODUCTS/SERVICE, or the equipment connected to THE SITE, THE SERVER and THE PRODUCTS/SERVICE.
- Impose an unreasonable or disproportionately large load on the infrastructure of THE SITE, THE SERVER and THE PRODUCTS/SERVICE.
- Restrict or inhibit any other person from using THE SITE, THE SERVER and THE PRODUCTS/SERVICE (including without limitation by hacking or defacing any portion of THE SITE or THE SERVER).
- Create a database by downloading and storing THE SITE CONTENT or any part thereof.
- Violate THE POLICIES or encourage or assist anyone else to violate THE POLICIES.
YOU may not do any of the following without FEATHERWEIGHT’s written permission:
- Use, copy, republish, upload, distribute, collect, modify, transmit, or post THE SITE CONTENT or THE SITE for commercial purposes.
- Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of THE SITE CONTENT, in whole or in part.
- Access or attempt to access THE SITE or collect or index information provided to FEATHERWEIGHT using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or the similar means or equivalent manual processes. WE grant operators of public search engines permission to use spiders and other automated means to collect and copy THE SITE CONTENT from THE SITE solely to the extent necessary to create publicly available searchable indices of THE SITE CONTENT, excluding caching or archiving such THE SITE CONTENT. FEATHERWEIGHT reserves the right to revoke this permission at any time either generally or in specific cases.
- Solicit, trace or otherwise collect any information from Users.
- Frame or use framing techniques to enclose THE SITE or any part thereof.
- Use any metatags or any other “hidden text” using any TRADEMARKS of FEATHERWEIGHT.
- Reverse engineer, decompile or otherwise extract source code provided on or through THE SITE or THE SERVER.
In addition to any remedies that FEATHERWEIGHT may have at law or in equity, if FEATHERWEIGHT reasonably determines that YOU have violated or are likely to violate the foregoing prohibitions, FEATHERWEIGHT may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from THE SERVER. FEATHERWEIGHT may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing FEATHERWEIGHT to disclose the identity of anyone posting such materials.
2. Permission Based Communications
YOU may use THE SERVER or THE PRODUCTS/SERVICES to transmit permission-based (opt-in) communications for purposes of marketing YOUR goods and services, provided that YOU otherwise comply with the standards set out in THE POLICIES and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using THE SERVER or THE PRODUCTS/SERVICES must be permission (opt-in) based and YOU must keep adequate and verifiable records to prove that YOUR marketing is strictly so. In addition, should YOU purchase mailing lists or other types of data that are to be used to contact third parties via THE SERVER or THE PRODUCTS/SERVICES, YOU must verify that the lists have been compiled on a strict “opt-in” basis.
In addition to the above, all permission-based communications sent using THE SERVER or THE PRODUCTS/SERVICES must include the following (and YOU are required to take the corresponding actions set forth below):
- A working “unsubscribe” link. YOU must honor all unsubscribe requests within 72 hours of receipt.
- The recipient’s accurate e-mail address in the “to” line and the sender’s accurate e-mail address in the “from” line.
- An accurate subject line.
- An up-to-date website that corresponds with the domain portion of the response e-mail.
YOU are solely responsible for the transmission of all such permission-based communications related to YOUR site and YOUR use of THE SERVER and THE PRODUCTS/SERVICES. FEATHERWEIGHT reserves the right to suspend or terminate the provision of THE PRODUCTS/SERVICES to YOU in the event FEATHERWEIGHT receives, in its sole and exclusive discretion, an excessive number of complaints related to YOUR permission-based communications, whether such complaints are made by parties whom “opt-in” or otherwise.
3. Data Backup
FEATHERWEIGHT maintains, as a convenience to CUSTOMERS, regular automated data backups on accounts equal to or less than 20 gigabytes in total size. This service is provided at no additional charge. Hosting accounts greater than 20 gigabytes in size will not be included in regular data backups; this service is, however, available for an additional service charge for accounts exceeding the 20 gigabyte size limit.
While FEATHERWEIGHT maintains the previously stated backups, this service is provided as a convenience only and FEATHERWEIGHT assumes no liability as to the availability or completeness of client data backups. FEATHERWEIGHT will provide, upon request, one (1) data restore per one (1) calendar month free of charge. Additional data restores may be provided but are subject to additional service fees.
4. Server Resources
The purpose of an FEATHERWEIGHT hosted account is to host web sites. Using a hosted account primarily for online file storage or archiving electronic files is prohibited.
Should YOUR account / web site exceed any resource quota as detailed in the quotation document or subscription instruction provided by FEATHERWEIGHT or as set forth in THE SITE, for THE PRODUCTS/SERVICES purchased by YOU or gain such traffic or develop such needs that YOUR account / web site requires resources beyond that which we can reasonably absorb without penalty, to FEATHERWEIGHT’s sole and absolute discretion and/or judgment, additional charges may be applied to YOUR account or YOU may be required to upgrade YOUR account.
Furthermore, FEATHERWEIGHT may share YOUR hosting server with several CUSTOMERS, so to ensure fast & reliable service to all CUSTOMERS, should your use of THE SERVER adversely affect server or network performance YOU must correct these issues or YOU will be asked to upgrade.
FEATHERWEIGHT aims to reduce or remove any penalties for increased traffic to YOUR site wherever possible. However, should the level of traffic to YOUR site become high enough to impact the performance of the FEATHERWEIGHT network, additional charges may be applied to YOUR account or YOU may be required to upgrade YOUR account. The bandwidth charges reflects the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month. These charges reflect OUR expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
5. Domain Name Dispute
Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if YOU have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; THE POLICIES specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.
6. Network Security
YOU may not use THE SERVER as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for CUSTOMERS, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy.
YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crash a host or network.
YOU will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on THE SERVER, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into YOUR machine which were not assigned to YOUR server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the YOUR risk and expense. Any loss of functionality caused by the attempted correction of the problem will be YOUR responsibility to solve. If the malignity of the problem is deemed by FEATHERWEIGHT to not warrant such drastic action, YOU will be contacted via email to correct the problem YOURSELF. YOU are responsible for maintaining YOUR contact information such that YOUR last provided non-FEATHERWEIGHT hosted email address is always reachable even in the event of YOUR FEATHERWEIGHT hosting servers being shut down.
If YOUR server is the initiator or target of a denial of service attack that adversely affects OUR/somebody else’s network, WE will terminate YOUR account without warning and YOU will be held responsible for any charges that may result from this action.
Activities that attract denial of service attacks are expressly prohibited. CUSTOMERS involved in these activities will be terminated as soon as WE are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of OUR CUSTOMER base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of OUR CUSTOMERS.
FEATHERWEIGHT will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. CUSTOMERS who violate systems or network security may incur criminal or civil liability. FEATHERWEIGHT reserves the right to charge up to USD $500 per complaint to investigate.
7. Customer Spamming Policy
FEATHERWEIGHT has zero tolerance for spam originating from our CUSTOMERS or for spam advertising web sites of our CUSTOMERS.
We hold OUR CUSTOMERS responsible for dealing with spam from or about their section of the THE SERVER. CUSTOMERS will be held responsible for all traffic either sent via their connection to THE SERVER or sent elsewhere using support services provided via THE SERVER or THE PRODUCTS/SERVICES. “Support services” includes DNS, hosting websites, electronic mailboxes, IRC servers, sale of spamming software or other similar services. CUSTOMERS are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE.
YOU must promptly investigate and deal with any spam or other abuse complaints forwarded to YOU. If WE get a first complaint, we will forward it to YOU. YOU must promptly investigate and deal with any spam or other abuse complaints forwarded to YOU. If we don’t receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from YOUR network, but also that advertises sites hosted on YOUR network.
If WE get repeat complaints and it is clear that the problem has not been resolved, WE may blackhole the section of IP space involved in the spam complaint until WE are convinced that the problem is resolved. If so, WE will contact YOU as soon as is feasible. FEATHERWEIGHT has the right to charge USD $500 per complaint to investigate.
WE reserve 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 if denial of service attacks are originating from YOUR network. In certain rare cases, we may have to do this before attempting to contact YOU. If we do this, we will contact YOU as soon as is feasible.
8. Your Site
YOU will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the CONTENT on YOUR site, including user-generated CONTENT on and related to YOUR site. It is therefore in YOUR best interest to implement, a set of Policies similar to or stricter than THE POLICIES, for YOUR Site.
As a conduit, FEATHERWEIGHT will give YOU discretion over YOUR CONTENT provided it is compatible and interoperable with the THE SERVER and THE PRODUCTS/SERVICES provided by FEATHERWEIGHT under THE AGREEMENT and YOUR CONTENT and use of THE SERVER and THE PRODUCTS/SERVICES comply with all applicable laws and the terms of THE AGREEMENT. YOU retain all right, title and interest in and to all intellectual property rights embodied in YOUR CONTENT, exclusive of any CONTENT provided by FEATHERWEIGHT. Notwithstanding anything contained in the foregoing, if YOU breach any of the terms of THE AGREEMENT, FEATHERWEIGHT is entitled to suspend or terminate YOUR account per THE POLICIES.
YOU acknowledge that, by only providing YOU with the ability to publish and distribute YOUR own or third party CONTENT, FEATHERWEIGHT and THE PRODUCTS/SERVICES are acting only as passive conduits for the distribution and/or publishing of such CONTENT on YOUR site. FEATHERWEIGHT has no obligation to YOU or any third party, and undertakes no responsibility, to review YOUR site or any CONTENT, including but not limited to user-generated CONTENT, published and/or distributed on YOUR site to determine whether any such CONTENT may incur liability to third parties. Notwithstanding anything to the contrary herein, if FEATHERWEIGHT believes in its discretion that YOUR site or any CONTENT or materials therein or on THE SERVER may create liability for FEATHERWEIGHT or harm other users of THE PRODUCTS/SERVICES, then YOU agree that FEATHERWEIGHT may take any actions with respect to the CONTENT or materials or YOUR site that FEATHERWEIGHT believes are prudent or necessary to minimise or eliminate FEATHERWEIGHT’S potential liability or to protect other users of THE SITE, THE SERVER or THE PRODUCTS/SERVICES.
During the period that FEATHERWEIGHT provides THE PRODUCTS/SERVICES to YOU, YOU hereby grant to FEATHERWEIGHT a non-exclusive, irrevocable, non-sublicenseable, royalty-free, transferable worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform YOUR CONTENT solely to host YOUR site, provide THE PRODUCTS/SERVICES and otherwise manage THE SITE and THE SERVER. YOU understand and agree that copies of YOUR site may continue to be stored on THE SERVER after YOU terminate YOUR account. FEATHERWEIGHT agrees not to use YOUR CONTENT after YOU terminate YOUR account except as required to comply with legal requests or requirements.
Section 4 - Closing
1. Governing Law
THE AGREEMENT and the relationship between YOU and FEATHERWEIGHT shall be governed by the laws of the State of Oregon, without regard to its conflict of law provisions. YOU agree that any cause of action that may arise under THE AGREEMENT or in connection with YOUR use of THE SITE or THE PRODUCTS/SERVICES will be commenced and be heard only in the appropriate court having jurisdiction over Portland, Oregon. YOU hereby consent to the exclusive personal jurisdiction of and venue in such courts. OUR failure to exercise or enforce any right or provision of THE AGREEMENT shall not constitute a waiver of such right or provision. If any provision of THE AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of THE AGREEMENT remain in full force and effect.
2. Legal Compliance
YOU shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding YOUR use of THE SITE, THE SERVER, THE PRODUCTS/SERVICES and YOUR site CONTENT.
3. No Agency
YOU and FEATHERWEIGHT are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by THE AGREEMENT.
4. Force Majeure
Except for the payment of any fees due and payable under THE AGREEMENT, neither party’s delay in the performance of any duties or obligations under THE AGREEMENT will be considered a breach of THE AGREEMENT if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, terrorist act, governmental act or order, natural phenomenon, failures in electric power or telecommunications services, or any other event beyond the control of the party.
Except as explicitly stated otherwise, any notices shall be given via email to FEATHERWEIGHT at email@example.com or to the email address YOU provide to FEATHERWEIGHT during the registration process (in YOUR case). Notice shall be deemed given twenty four (24) hours after email is sent, unless FEATHERWEIGHT is notified that the email address is invalid. Alternatively, FEATHERWEIGHT may give YOU notice by certified mail, postage prepaid and return receipt requested, to the address, if any, provided to FEATHERWEIGHT during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
YOU shall not assign, transfer or delegate THE AGREEMENT or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision will be null and void. YOU agree that THE AGREEMENT may be assigned by FEATHERWEIGHT, in FEATHERWEIGHT’S discretion without YOUR consent.
7. No Third Party Beneficiary
YOU acknowledge and agree that nothing herein, express or implied, is intended to or will be construed to confer upon or give to any person, other than FEATHERWEIGHT and YOU, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
8. Severability Waiver
If any provision of THE AGREEMENT is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. FEATHERWEIGHT’S failure to act with respect to a breach by YOU or others does not waive FEATHERWEIGHT’S right to act with respect to subsequent or similar breaches.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in THE AGREEMENT, the term “including” means “including but not limited to,” and “discretion” means the sole discretion of the applicable party unless expressly stated to the contrary.
10. Entire Agreement
THE AGREEMENT as defined in Section 1.1 (Definitions) constitutes the entire agreement between FEATHERWEIGHT and YOU with respect to THE SITE, THE SITE CONTENT and THE PRODUCTS/SERVICES, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between YOU and FEATHERWEIGHT with respect to THE SITE, THE SITE CONTENT and THE PRODUCTS/SERVICES, unless an agreement specifically provides that it is not superseded by THE AGREEMENT. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.