Terms of Service

Canvas Dreams LLC is a professional web hosting company. This Agreement ("Agreement") governs your purchase and use, in any manner, of all web hosting services as described in the online signup form ("Services"), ordered by you and accepted by Canvas Dreams and describes the terms and conditions that apply to such purchase and use of the Services. Under the terms of this agreement, your use of our Services is an acknowledgement that you have read, understand, and agree to abide by the terms and conditions below.

This Agreement is between Canvas Dreams LLC ("Canvas Dreams") and You, the hosting customer ("You").

BY ACCEPTING THIS AGREEMENT AND USING CANVAS DREAMS' SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CANVAS DREAMS' ACCEPTABLE USE POLICY AND CANVAS DREAMS' NO-SPAM POLICY.

Canvas Dreams and You agree to the following provisions:

1. Initial Terms and Renewal Terms.

This Agreement shall be for an "Initial Term" as chosen by you in the online signup form located on this Web site at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Canvas Dreams with notice of termination or change in plan thirty (30) days prior to the end of the Initial Term or the Renewal Term. You must provide Canvas Dreams with your notice of termination by opening a support ticket in our Customer Support area of this Web site. Any notice of termination will be effective following thirty (30) days after Canvas Dreams' receipt thereof.

2. Acceptable Use Policy and No-Spam Policy.

Terms of service also include our Acceptable Use Policy and No-Spam Policy.

3. Provision of Services.

Canvas Dreams agrees to provide services to You in exchange for your payment for Canvas Dreams' services, your execution and compliance with this agreement, and your compliance with Canvas Dreams' Acceptable Use Policy and No-Spam Policy. Provision of Canvas Dreams' services shall commence once Canvas Dreams has received both your payment for Canvas Dreams' services and this Agreement duly executed by You. You warrant and represent that You shall use Canvas Dreams' services only for lawful purposes.

4. Termination Policy.

If you terminate your use of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Canvas Dreams will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Canvas Dreams' standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Your termination request or notice must be submitted to Canvas Dreams in the manner described above.

5. Termination without Cause.

Canvas Dreams may terminate this Agreement at any time and for any reason by providing to you written notice ten (10) days prior to the date of termination. If Canvas Dreams terminates this Agreement, Canvas Dreams will refund to you the pro-rated portion of pre-paid fees attributable to Services (excluding set-up fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement.

6. Termination for Cause.

You agree to keep Canvas Dreams informed of all current contact and billing information for your account, including debit/credit card information. Failure to maintain or keep current all contact information shall be a valid ground for Canvas Dreams' termination of services for cause.

If Canvas Dreams terminates your account for a violation of this Agreement, Canvas Dreams' Acceptable Use Policy, or Canvas Dreams' No-Spam Policy, Canvas Dreams shall not be required to refund to you any amounts billed to you for the billing period in which Canvas Dreams Services terminate.

7. Payment Terms.

You agree to be billed for all recurring and one-time charges, including late charges, for any Canvas Dreams services ordered by You and any fees You owe to Canvas Dreams.

Charges are payable by Visa, Mastercard, American Express, or Discover charge cards. Canvas Dreams will invoice You for the first installment once your account is set up, and at regular intervals as specified by you at the time you signed up for Services.

Charges for upgrading your current hosting package, or performing add-on requests, will not be billed until your next invoice.

Canvas Dreams will submit all invoices to You by email.

Payments for web hosting, reseller hosting, dedicated server hosting, and colocation Services are due at the start of each billing period.

Payments for all other Services are due within 30 days of receipt of invoice.

Payments can be scheduled automatically or paid by phone with using any Visa or Mastercard credit/debit card.

Interest in the amount of 1.5% per month will be added to any outstanding invoices.

8. Taxes.

Canvas Dreams shall not be liable for any taxes and other governmental fees to be paid which are related to purchases made from You or from Canvas Dreams' server. You agree that You shall be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by Canvas Dreams.

9. Materials and Products.

Any material and data You provide to company in connection with Canvas Dreams' services shall be in a condition that is in a form requiring no additional manipulation on the part of Canvas Dreams. Canvas Dreams shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this agreement.

Canvas Dreams may, in its sole discretion, reject material or data that You have placed on Canvas Dreams' servers or that You request Canvas Dreams put on Canvas Dreams' servers. Canvas Dreams agrees to notify You immediately of its refusal of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of Canvas Dreams. your failure to amend or modify the data or material as directed by Canvas Dreams within a reasonable time shall be a breach of this agreement.

10. Service Level Agreement, Remedies, and Exclusions.

Canvas Dreams agrees to provide guaranteed service to You under the terms of our Network Service Level Agreement.

11. Liability; No Warranty; Limitation of Damages.

YOU EXPRESSLY AGREE THAT USE OF CANVAS DREAMS' SERVICES IS AT YOUR SOLE RISK.

Canvas Dreams, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that Canvas Dreams' services will not be interrupted or error free; neither do they make any warranty as to the results that may be obtained from the use of Canvas Dreams' services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through Canvas Dreams' services, unless otherwise expressly stated in this agreement.

Canvas Dreams, its officers, agents, or anyone else involved in providing Canvas Dreams' services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use Canvas Dreams' services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to Canvas Dreams' records, programs, or services.

Canvas Dreams will exercise no control over the content of the information passing through Canvas Dreams' network except those controls expressly provided herein.

Canvas Dreams makes no warranties or representations of any kind, express or implied, for the service it is providing. Canvas Dreams also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to your errors or omissions. Use of any information obtained by way of Canvas Dreams is to be used at your own risk, and Canvas Dreams specifically denies any responsibility for the accuracy or quality of information obtained through its services. Canvas Dreams expressly limits its damages for any non-accessibility time or other downtime to credit applied towards future invoices. Canvas Dreams expressly limits its responsibility for any damages arising as a consequence of such unavailability.

12. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights.

Except for rights expressly granted herein, this agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You is Canvas Dreams'. These products and services are only for your use in connection with Canvas Dreams' services provided to You as outlined in this agreement.

You expressly warrant to Canvas Dreams that You have the right to use any patented, copyrighted, or trademarked material which You use, post, or otherwise transfer to Canvas Dreams servers.

13. Hardware, Equipment, and Software.

You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access Canvas Dreams servers. Canvas Dreams makes no representations, warranties, or assurances that your equipment will be compatible with Canvas Dreams services.

14. Age.

You expressly represent and warrant that You and any person to whom You grant access to your Canvas Dreams account have reached the age of eighteen.

15. Indemnification.

You agree that You shall defend, indemnify, save, and hold Canvas Dreams harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fess, asserted against Canvas Dreams, its agents, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by You, your agents, employees, or assigns.

You agree to defend, indemnify, and hold harmless Canvas Dreams against liabilities arising out of:

(i) any injury to person or property caused by any products sold or otherwise distributed in connection with Canvas Dreams services provided to You;

(ii) any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;

(iii) copyright infringement; and

(iv) any defective product which You sold or distributed by means of Canvas Dreams services.

You agree that the liability limit of Canvas Dreams shall in no event be greater than the aggregate dollar amount which You paid during the terms of this agreement, including any reasonable attorneys' fees and court costs.

16. Miscellaneous.

Governing Law; Jurisdiction; Forum.This agreement shall be governed by and construed in accordance with the laws of the state of Oregon without regard to its conflicts of laws or principles. You agree, in the event any suit is brought in connection with Canvas Dreams' provision of services to You, to submit to the jurisdiction of the state of Oregon, and agree to the courts of Washington County, Oregon as the appropriate forum.

Severability. In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.

Waiver. No waiver by Canvas Dreams of any breach by You of any of the provisions of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No such waiver shall be effective unless it is in writing and then only to the extent expressly set forth in such writing.

Entire agreement. This agreement, including Canvas Dreams' Acceptable Use Policy, and Canvas Dreams' No-Spam Policy, shall constitute the entire agreement between You and Canvas Dreams.