Eclipse Stream, LLC’s Dis­claimer, Terms of Ser­vice and Pri­vacy Statement

Thank you for choos­ing Eclipse Stream, LLC. (“ES”) for your online and web design need. Please read the fol­low­ing Dis­claimer, Terms of Ser­vice and Pri­vacy State­ment (“Terms”) in detail as it applies to all of ES’s clients (“Clients”) and ES’s trans­ac­tions with its Cus­tomers. The Terms may change at any time and with­out prior notice; so please check the Terms fre­quently. If You have any ques­tions please con­tact ES at the con­tact infor­ma­tion found herein. By access­ing ES’s web­site (the “Site”), You, the client, agree to the terms and con­di­tions found in the Terms.

Web­site Design. With input and orig­i­nal con­tent from you, ES will pre­pare and design a cus­tom web­site. Con­struc­tion of the web­site may not begin until You have: (a) pro­vided ES with orig­i­nal con­tent for the web­site; (b) have elec­tron­i­cally accepted the Terms; and © have paid for the ini­tially invoiced work. Please note that after con­tent has been received, ES may begin work on the web­site and there­fore will not issue any refunds; we will also be unable to issue any refunds after 30 days whether con­tent has been received or not.

You under­stand that Your web­site will gen­er­ally take four to six weeks to com­plete once work has com­menced; this is a gen­eral guide­line and is not a hard dead­line. Depend­ing on the com­plex­ity of the web­site and the num­ber of changes required, Your web­site can take longer complete.

ES agrees to build Your web­site to the spec­i­fi­ca­tions quoted detailed in the orig­i­nal invoice. Please note that any addi­tional fea­tures requested that were not in the orig­i­nal invoice will be quoted at a sep­a­rate price.

ES offers tools and guide­lines to help you put together your site con­tent but does not cre­ate or write con­tent.  ES will run spell checks and do a rough read through but is not respon­si­ble for spelling or gram­mar errors in con­tent. You under­stand that it is your respon­si­bil­ity to ensure the cor­rect con­tent is sub­mit­ted to ES. All pho­tos and images must be deliv­ered to ES in a dig­i­tal for­mat and must fol­low all copy­right laws.

ES offers a sat­is­fac­tion guar­an­tee and through­out the design process you will have sev­eral oppor­tu­ni­ties to review the con­tent and design in detail. ES requests that if you have any changes, you cre­ate one list of all requested revi­sions.  Once the web­site goes “live” you agree that ES has sat­is­fac­to­rily ren­dered its ser­vices, that the web­site is func­tional to your sat­is­fac­tion and that you have approved all con­tent and design of the website.

ES’s monthly ser­vice and sup­port includes changes and updates to your web­site. If at any time you need to make a change to your web­site please con­tact ES and ES will be happy to make the requested change. Please keep in mind that these changes can­not include any­thing that was not paid for in the ini­tial invoice. If changes out­side of the orig­i­nal invoice are requested you will be pro­vided with a sep­a­rate quote.

All domain names, logos, mar­ket­ing mate­ri­als and web­site designs pur­chased or cre­ated by ES remain ES’s sole prop­erty until you have paid all amounts invoiced and paid all ser­vice fees incurred dur­ing the monthly host­ing ser­vice period in your contract.

Monthly Pay­ment Option. ES offers an optional monthly pay­ment plan. Sub­ject to ES’s approval, in its sole dis­cre­tion, if you elect to uti­lize the monthly pay­ment plan, you are required to exe­cute a monthly pay­ment com­mit­ment that is struc­tured from the date of sale. You agree to pay one pay­ment per month on the due date of each month for twelve months. If You default on a pay­ment, BPI may com­mence nec­es­sary col­lec­tion pro­ce­dures. These pro­ce­dures may include, but are not lim­ited to, use of third party col­lec­tion ser­vices or attor­neys and report­ing the delin­quency or default against Your credit report. You agree to pay all costs of col­lec­tion, includ­ing but not lim­ited to, attorney’s fees, fees and costs, and courts costs.

Monthly Ser­vice and Sup­port. Monthly ser­vice and sup­port is billed every thirty (30) days from the point of sale and will begin regard­less of Your website’s sta­tus. You agree that all monthly ser­vice and sup­port fees are non-refundable.

You autho­rize BPI to with­draw Your monthly ser­vice and sup­port fee from the credit card You pro­vide. If You would like to update Your credit card on file, You may do so at any time prior to Your next billing cycle.

You may can­cel Your monthly ser­vice and sup­port host­ing ser­vice at any time as long as a 30 day writ­ten notice has been received by ES prior to the next billing cycle. Accept­able can­cel­la­tion notices include email, fax, and writ­ten let­ter. In the event that you can­cel the monthly host­ing ser­vice prior to the expi­ra­tion of your con­tract, all domain names, logos, mar­ket­ing mate­ri­als and web­site designs pur­chased or cre­ated by ES will remain ES’s sole property.

Mis­cel­la­neous Pro­vi­sions. ES reg­u­larly back­ups the server for all of its clients’ web­sites. ES keeps daily, weekly, and monthly back­ups of all web­sites. Clients at any­time can request that BPI roll-back their web­site with one of these back­ups. Notwith­stand­ing the fore­go­ing, it is expressly under­stood that ES is not respon­si­ble to back up any Client’s web­site and is not liable or respon­si­ble for any lost data. You are advised to seek appro­pri­ate backup solutions.

BPI strives to oper­ate within Google’s “Web­mas­ter Guide­lines” and in doing so refrains from guar­an­tee­ing any par­tic­u­lar rank­ing as a result of its mar­ket­ing efforts. (See the fol­low­ing quo­ta­tion – “No one can guar­an­tee a #1 rank­ing on Google.”

Nei­ther ES, nor any of its third-party con­tent providers shall be liable for any dam­ages, of any kind, whether direct, indi­rect, inci­den­tal, con­se­quen­tial, or puni­tive, oth­er­wise, for any lost rev­enues or prof­its of any client.

It is your respon­si­bil­ity to ensure that any and all con­tent sub­mit­ted to ESI is orig­i­nal con­tent and that it does not infringe on any third-party copy­rights, trade­marks or other intel­lec­tual prop­erty rights. You fur­ther agree that you assume full respon­si­bil­ity and lia­bil­ity for any infringe­ment of your web­site, includ­ing but not lim­ited to the website’s con­tent or design. Your fur­ther agree to indem­nify ES for any costs, fees, court costs, legal fees, dam­ages or other harm incurred, to defend itself or oth­er­wise made neces­si­tated as a result of the con­tent or design of your website.

ES is pro­tected by all U.S. and Inter­na­tional copy­right laws. All rights not expressly granted are reserved.

ES respects copy­right, trade­mark and intel­lec­tual prop­erty rights of others.ES reserves the right to ter­mi­nate an account if it is found to have vio­lated or infringed on the intel­lec­tual prop­erty right. You also under­stand that ES is not liable if you send ES infring­ing mate­r­ial to be added to your web­site or if you add infring­ing mate­r­ial to your web­site through ES’s con­tent man­age­ment systems.

You agree that if ES is involved in any law­suit, legal pro­ceed­ing or other pro­ceed­ing, as a result of your actions or the con­tent or design of your web­site, that you will indem­nify ES for all costs, expenses or dam­ages paid by ES, includ­ing but not lim­ited to ES’s attorney’s fees and costs.

You fur­ther agree that in the event that ES is oblig­ated to engage coun­sel, or ini­ti­ate legal pro­ceed­ings or pro­ceed­ings to enforce the Terms, you will pay all of ES’s legal expenses, includ­ing, with­out lim­i­ta­tion, attorney’s fees, court costs and other expenses.

Pri­vacy Statement.

ES under­stands that pri­vacy online is impor­tant to its clients. Upon pur­chas­ing prod­ucts or ser­vices ES may col­lect addi­tional per­sonal infor­ma­tion includ­ing, but not lim­ited to: credit card num­bers, account num­ber, bank account infor­ma­tion and any com­bi­na­tion of per­sonal infor­ma­tion that could be used to deter­mine identity.

Except as set forth herein, ES, does not share your infor­ma­tion with any other third party; how­ever, due to the nature of out­sourc­ing and spe­cial cir­cum­stances, ES will obtain a writ­ten per­mis­sion to use a your web­site for per­spec­tive clients prior to disclosure.

ES uses per­son­ally iden­ti­fi­able infor­ma­tion to cus­tomize the Site, to make appro­pri­ate ser­vice offer­ings, and to ful­fill buy­ing and sell­ing requests on the site. Per­son­ally Iden­ti­fi­able Infor­ma­tion col­lected by ES is securely stored and is not acces­si­ble to third par­ties or employ­ees of ES except for use as indi­cated herein. ES has entered into and will con­tinue to enter into part­ner­ships and other affil­i­a­tions with a num­ber of ven­dors. Such ven­dors may have access to cer­tain Per­son­ally Iden­ti­fi­able Infor­ma­tion on a need to know basis for eval­u­at­ing autho­rized Clients for ser­vice eli­gi­bil­ity. ES’s pri­vacy pol­icy does not cover their col­lec­tion or use of this information.

ES will dis­close Per­son­ally Iden­ti­fi­able Infor­ma­tion in order to com­ply with a court order or sub­poena or a request from a law enforce­ment agency to release infor­ma­tion. ES will also dis­close Per­son­ally Iden­ti­fi­able Infor­ma­tion when rea­son­ably nec­es­sary to pro­tect the safety of our vis­i­tors and autho­rized Clients.

All of our employ­ees are famil­iar with ES’s secu­rity pol­icy and prac­tices. The Per­son­ally Iden­ti­fi­able Infor­ma­tion of our vis­i­tors and autho­rized Clients is only acces­si­ble to a lim­ited num­ber of qual­i­fied employ­ees who are given a pass­word in order to gain access to the infor­ma­tion. ES audits its secu­rity sys­tems and processes on a reg­u­lar basis. While ES takes com­mer­cially rea­son­able mea­sures to main­tain a secure site, elec­tronic com­mu­ni­ca­tions and data­bases are sub­ject to errors, tam­per­ing and break-ins, and ES can­not, and does, guar­an­tee or war­rant that such events will not take place and ES will not be liable to vis­i­tors or autho­rized Clients for any such occurrences.

Please con­tact BPI if You have any questions.

Eclipse Stream, LLC

824 Lom­bard Street

Evanston, WY  82930

307–212-6590

www.eclipsestream.com

sales@eclipsestream.com