Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. Introduction

2. The Agreement

3. Drizzle Services

4. Limited 30-Day Money-Back Guarantee

5. Third Party Providers

6. Rules and Regulations

7. License Grant

8. Intellectual Property Rights

9. Term and Termination

10. Exclusion of Warranties

11. Limitation of Liability and Damages

12. Confidentiality

13. Indemnification

14. Export Control

15. Force Majeure

16. Miscellaneous

1. Introduction

Drizzle (Drizzle) provides its Internet services, as they may exist from time to time (Services), to users who pay a monthly service fee to subscribe to the Services (Members) as well as to those who access some of our Services but do not have accounts (Visitors). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, Drizzle's Acceptable Use Policy, and other policies that may apply by utilizing any service provided by Drizzle or its upstream network providers.

By accessing and using the Domain Hosting, co-location and electronic commerce services and associated software of Drizzle, you (Customer) indicate the acceptance of the following terms and conditions and you agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE Drizzle Domain Hosting AND ELECTRONIC COMMERCE SERVICES or associated software and promptly return any materials distributed directly by Drizzle.

2. The Agreement

This agreement constitutes the complete and exclusive statement of the agreement between you and Drizzle with respect to the Drizzle Domain Hosting and electronic commerce services and associated software and SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, oral or written, and any other communications relating to the subject matter of this agreement.

Now, therefore, in consideration of the mutual covenants set forth herein, Drizzle and Customer agree as follows:

• All orders are subject to acceptance by Drizzle. An order will be deemed accepted by Drizzle when Drizzle sends written confirmation of the order to Customer.
• Drizzle shall charge Customer's credit card for the applicable set-up fees and monthly fees according to the Package(s) (as defined on our webpage) selected by Customer and provided by Drizzle. Such fees and charges shall include, without limitation, the fees for connectivity, design services, and charges by any and all third parties whose materials are included as part of the Package(s). Drizzle reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to Customer.
  
  Customer may elect to pay by either check or credit card. If by credit card Customer must provide Drizzle with a credit card authorization form and valid credit card number to which Drizzle will automatically charge all Drizzle fees as they become due. All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due at the end of the month in which such charges are incurred.
  
  Except as provided in Section 3, the set-up fees are nonrefundable and Drizzle does not issue pro rata refunds for fees paid in advance. If payment by Customer's credit card is denied, or Customer's charge is returned to Drizzle for any reason, including charge back or Customer otherwise fails to make any payments owing to Drizzle, Drizzle may, at Drizzle's discretion, suspend or terminate access to the Drizzle Services and/or terminate this Agreement.
  
  Customer's rights to use the Drizzle Services are subject to any limits established by Drizzle or by the issuer of Customer's credit card. Interest charges of 1.5% per month (or the highest rate permitted by law if lower than 1.5% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue. Customer shall be responsible for any and all taxes related to this Agreement.

3. Drizzle Services

During the term of this Agreement, Drizzle may provide software services to Customer depending on the Package(s) accepted by Customer. "Package" means one of Drizzle business and/or electronic commerce service offerings, as can be found on Drizzle's Web site at www.drizzle.com. The specific Package to be provided to Customer shall be established by correspondence between Drizzle and Customer. Such Package(s) shall be deemed incorporated by reference into this Agreement, as if fully set forth herein. Drizzle and Customer shall retain copies of such Package(s) for future reference.

At Customer's request, Drizzle will acquire an Internet Second-Level Domain Name from the Contracted Registrar on behalf of Customer. Customer's request for and/or acceptance of a Domain Name obtained by Drizzle shall in all cases constitute Customer's waiver of any and all claims which Customer may have, or which may later arise, against Drizzle or its third party providers, for any and all damages, losses, claims or expenses arising or related to the acquisition, registration and/or use of the Domain Name. Any cost incurred by Drizzle to obtain and/or maintain the Domain Name on behalf of Customer shall be charged to Customer. Request for and acceptance of a domain name requires Drizzle to supply the domain name to the Contracted Registrar, which in turns supplies the Domain Name to third parties.

4. Limited 30-Day Money-Back Guarantee

Drizzle offers a thirty (30) day money back guarantee on each Package(s). If Customer is not completely satisfied with the Drizzle Services provided under such Package(s) within the first thirty (30) days, Customer may cancel this Agreement by notifying Drizzle by following the contact information listed in Section 8. In such case, Customer will receive a full refund of any amounts paid pursuant to this Agreement, except for set-up fees, which are nonrefundable. After the initial thirty (30) day period, the Drizzle Services shall be deemed accepted for all purposes, provided no written claim has been received by Drizzle within such thirty (30) day period.

5. Third Party Providers

In order to access and use the Drizzle Services, Customer may be required to subscribe to other Drizzle services offered under separate agreements, including, but not limited to, the Drizzle Internet Access Agreement. This Agreement does not in any way modify the terms of such agreements. In addition, Customer acknowledges that in order to access certain of the Drizzle Services, Customer may have to agree to and execute agreements with third party providers who may charge Customer fees and charges which are in addition to the fees and charges imposed by Drizzle.

6. Rules and Regulations

From time to time Drizzle may impose reasonable rules and regulations regarding the use of the Drizzle Services. Such rules and regulations are called acceptable use policies and are posted on Drizzle's web site at www.drizzle.com such acceptable use policies are incorporated by reference into this Agreement as if fully set forth herein.

7. License Grant

During the term of this Agreement, Drizzle grants to Customer a non-exclusive, personal, non-transferable license to access and use the Drizzle Services solely on and as part of Drizzle's World Wide Web site and servers. Drizzle may modify the Drizzle Services at any time for any reason and may provide modified versions of the Drizzle Services to Customer.

8. Intellectual Property Rights

Customer acknowledges and agrees that the Drizzle Services constitute confidential and proprietary information of Drizzle and its licensors and embodies trade secrets and intellectual property of Drizzle and its licensors protected under United States copyright and other laws and international treaty provisions. Customer further acknowledges that all right, title, and interest in and to all parts of the Drizzle Services, including, without limitation, associated intellectual property rights, are and shall remain with Drizzle and its licensors. Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the Drizzle Services to any third party. Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the Drizzle Services. Customer hereby acknowledges that, if Drizzle at any time or from time to time performs any customizations or modifications to Drizzle Services, all rights and interests to such customizations or modifications shall be the sole property of Drizzle.

9. Term and Termination

Using the Services for any activity which adversely affects the ability of other people or systems to use Drizzle Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

1. This Agreement shall have an initial term of one (1) month and shall thereafter automatically renew for successive one (1) month periods. This Agreement and Customer's access to the Drizzle Services shall terminate as follows:
   1. Either party may terminate upon thirty (30) days prior notice
   2. Drizzle may immediately and without prior notice terminate upon a violation by Customer of Drizzle's acceptable use policies
   3. Drizzle may terminate immediately and without prior notice in accordance with Section 1
   4. Drizzle may terminate immediately if, after 15 days prior notice to Customer, Customer has failed to correct any breach of this Agreement.
2. Upon any termination in accordance with Section 9(A)(i), Drizzle shall permit Customer twenty-four (24) hours to download or otherwise copy any of Customer's information and data residing on Drizzle's facilities prior to removing such information and data from Drizzle's facilities. Upon termination by Drizzle under Sections 9(B)(ii), (iii) or (iv), Drizzle may immediately remove all of Customer's data and information from Drizzle's facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of Drizzle. In cases where Customer's account has been cancelled, and Customer is requesting reactivation, Drizzle, at it's option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.
3. To cancel an Drizzle Domain Hosting, domain name services or electronic commerce services, Customer must fill out the cancellation form posted on www.drizzle.com. If you have any questions in regards to our cancellation procedure you may also call us at (206) 447 2702. For assurance of delivery, Drizzle recommends that the cancellation form be sent via certified mail.
4. Sections 1, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement.

10. Exclusion of Warranties

Drizzle PROVIDES THE Drizzle SERVICE ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose. While Drizzle makes reasonable efforts to maintain the Drizzle service, many factors are not within Drizzle's control. Therefore, Drizzle does not warrant, and is not responsible for (even if caused by the negligence of Drizzle) any loss of data, delays, non-delivery or misdelivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to Drizzle's own negligence, viruses or other third parties. Customer’s data is defined as any data held by Drizzle and includes account information, Domain Hosting data, and email and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers. Drizzle provides no warranty to customer regarding the accuracy of usage statistics, which Drizzle may provide in its discretion. Further, no advice or information given by an Drizzle representative shall create a warranty or serve as an amendment to this agreement.

Drizzle has the right to change prices, or add or delete product features of any existing product or service. The right to change products or services extends to any software supporting a product or service. Drizzle has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer's web site. Drizzle also has the right to deactivate a customer's service with a thirty (30) day notice. Except for certain products and services specifically identified as being offered by Drizzle, Drizzle does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Drizzle has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.

11. Limitation of Liability and Damages

THE TOTAL AGGREGATE LIABILITY OF Drizzle TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO Drizzle BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH Drizzle IS LIABLE TO CUSTOMER. IN NO EVENT SHALL Drizzle BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT Drizzle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Confidentiality

Customer acknowledges that by reason of its relationship with Drizzle, it may have access to certain information and materials relating to Drizzle's business, customers, software technology and marketing which Drizzle treats as confidential (collectively "Confidential Information"). Customer shall:

1. Hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of Drizzle
2. Not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement

These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

13. Indemnification

Customer shall indemnify and hold Drizzle harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of Customer or its clients which are in any way related to the Drizzle Service.

14. Export Control

Customer agrees not to export or re-export any portion of the Drizzle Service outside of the United States. Customer further agrees to comply with all United States and other applicable laws, rules and regulations relating to the export, re-export or transshipment of the Drizzle Services.

15. Force Majeure

Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

16. Miscellaneous

Customer may not assign its rights or delegate any of its duties under this Agreement without our prior written consent of Drizzle, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of partners or joint ventures. Drizzle may subcontract any work, obligations or other performance required of Drizzle under this Agreement without consent of Customer. Other than the termination of this agreement, all notices provided hereunder sent by email, mail or certified mail to Drizzle, will be effective upon transmission. Drizzle has the right to amend the Agreement from time to time, and will do so by posting the new Agreement on the Drizzle web site under the Terms and Conditions at the Policies and Agreements page. The laws of Oregon shall govern the Agreement, without giving effect to applicable conflict of laws provisions. The federal and state courts located in Portland, Oregon alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Oregon with respect to such matters or otherwise between you and Drizzle, and waive your rights to removal or consent to removal. In the event any litigation or other proceeding is brought by either Party in connection with this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to recover from the other Party all costs, attorneys' fees and other expenses incurred by such prevailing Party in such litigation.

Rev. 07/1/2008