Terms & Conditions Statement

FAMILY GIFT ORGANIZER (referred to hereinafter as THE SERVICE) Terms, Conditions and Use Policy Applicable to the provision of services by THE SERVICE

Services Provided

THE SERVICE provides a gift organization service which entails the rental of space to its customers on servers allowing them to store data files etc and the provision of tools to maintain their subscription account.

Use of Services

The services provided by THE SERVICE shall not be used in any manner or form by any of its customers to provide services for any unlawful illegal or immoral purpose such as:

• the infringement of Federal or state copyright laws
• the violation of any other Federal, state, or city law(s)
• fraud, money laundering, drug dealing or trafficking, and/or prostitution
• pornography or other types of material which threatens to cause, causes, or allows violence, bodily harm, and/or damage to others or their property
• the breach or contravention of any of the generally accepted rules, regulations, and/or conventions regarding the use of the internet or world wide web
• carrying out, encouraging, or in any manner engaging in email spamming, mail-bombing, spoofing, trolling, hacking, subscribing some third party to a mailing list without that persons permission, newsgroup flooding
• posting information that is defamatory or infringes or violates anothers rights
• promoting and/or distributing viruses
• spawning unnecessary unwarranted processes
• posting adverts on any chat room
• actual or likely abuse misuse or overuse of any of the system resources.

In the event that any customer engages in or permits knowingly or otherwise or uses the THE SERVICE as the source intermediary or destination address for spamming, bulk e-mail, hacking or use of warez, THE SERVICE reserves to itself the right without prior notice to the customer to terminated the account of the offending customer immediately. No leniency will be shown by the THE SERVICE in respect to the above.

Each customer accepts and agrees that the list above is not exhaustive. That THE SERVICE is the final and sole arbiter of what constitutes a breach or violation of any of its services and that each customer indemnifies and holds harmless THE SERVICE, its employees, servants, agents and the like from any and all costs, claims, expenses, damages, or lawsuits which may arise or be suffered by anyone from the provision of services by THE SERVICE used by the customer. THE SERVICE reserves to itself the right in its sole discretion to take whatever steps are necessary to ensure that the system operates at an efficient level and that the other customers of THE SERVICE receive a reliable and stable service and are not adversely affected by a particular customer.

Termination of use of services

In the event that the customer

• is, in the sole judgment of THE SERVICE, in breach of these terms and conditions
• fails, refuses or neglects to make payment on due date to THE SERVICE for any charges due by the customer to THE SERVICE
• has bankruptcy or insolvency proceedings instituted against it, files or petitions for insolvency or bankruptcy or assigns all or any part of its assets to or for the benefit of its creditors

then on the happening or occurrence of any or all the above events THE SERVICE may at its discretion forthwith and without prior notice to the customer terminate the customers account and thereupon all content and files in the account shall be deleted without liability for compensation refund of the agreed subscription monthly payment or otherwise for any loss damages which the customer may as a result of such termination suffer. THE SERVICE shall be fully entitled to recover all money owed to it from the customer as of the date of termination notwithstanding termination due as a result of any of the above causes. Non-enforcement by way of termination of any breach or violation shall not constitute acceptance or consent by THE SERVICE to such breach or violation.

Disclaimer

Notwithstanding the generality of the foregoing or anything else herein contained THE SERVICE makes no warranties whatsoever express or implied concerning the provision of its services and this includes warranties of merchantability or fitness for a particular purpose. THE SERVICE cannot and does not warrant or guarantee that it will provide a continuous service or that the service will not be disrupted or that there will be no interruption or delay or that its service will be provided at any particular time. Consequently THE SERVICE expressly disclaims all and any liability or responsibility in respect of claims, loss, loss of data, and damages of any kind (including direct, incidental, consequential or special) suffered by or made against the customer arising out of the use or non-provision of services whether or not THE SERVICE is or was at fault or negligent.

Payment

The first payment due by the customer shall be on the date the customer completes an order form and submits it where appropriate with its credit card/bank account details to THE SERVICE. All payments shall be in advance for such sum or sums and on a recurring monthly basis in accordance with the subscription or subscription taken/ordered by the customer. In the event that additional services outside the ambit of the agreed packages are used by the customer, payment for such services shall be on the same basis. Where an order for a subscription is placed during the course of a month the appropriate fee may be apportioned for that particular month but there will be no apportionments for or in respect of any other orders. If a customer's account is terminated or cancelled by either the customer or THE SERVICE the customer shall not be entitled to a refund of any monies paid in advance for the month during which termination or cancellation takes place. 

General

The customer agrees to use its best endeavors to protect its password and username and not to divulge or disclose to third parties or make use of for its own purpose or advantage any information of whatsoever kind obtained through the use of the services provided by THE SERVICE which information is confidential to THE SERVICE or its other customers and for which no permission for such use has been given.

THE SERVICE carries out a daily backup of its servers. These are made for sole purpose of the restoration of THE SERVICE'S servers in the event of a failure. Accordingly the customer agrees and acknowledges that the customer is solely and completely responsible, without any liability on the part of SERVICE, to maintain local copies of all the customer's data and files.

The customer agrees in using the services provided by THE SERVICE to use in a diligent and proper manner its own computer hardware and software so that no harm or damage will be caused to any computer component system resource or customer of THE SERVICE.

The customer agrees to defend, indemnify and hold harmless THE SERVICE against any claims, costs, demands made against or losses suffered by THE SERVICE as a result of customer's data or files.

In using the services of THE SERVICE, no consumer agreement, partnership, joint venture, or the like is made or arises between the customer and THE SERVICE, nor has the customer the authority, implied or expressed, to represent or contract on behalf of THE SERVICE. The customer fully agrees that the laws of the State of Texas shall apply in connection with any legal proceedings arising out of these terms and conditions which may be instituted by or against THE SERVICE

THE SERVICE reserves to itself the right at its discretion to amend or alter these terms and conditions without prior notice to its customers and to determine what is or constitutes a violation of these terms and conditions

The Customer agrees that whenever the Customer places an order through THE SERVICE's website or by email or by any other means for any of the services of THE SERVICE and on behalf of the customer by THE SERVICE and payment is to be made by credit card, THE SERVICE is on receipt of such order irrevocably authorized to claim and receive payment for its services from the Credit Card Issuer using the credit card details sent with that or any subsequent order or the details of any replacement card subsequently furnished to THE SERVICE.

All hardware and software resources including IP addresses, copyright, technology design and implementation in providing services to the customer shall remain the property of THE SERVICE who reserves the right at its discretion to amend, alter, substitute, or replace at any time without notice to its customers.