Terms of Service

These terms of service apply to internet hosting services provided by Barton Consulting, LLC. Use of Barton Consulting services constitutes acceptance and agreement to these Terms of Service and the AUP (Acceptable Use Policy) which accompanies them. Customers are required to adhere to these terms of service and the associated AUP. In the case of a breach of any of these conditions Barton Consulting reserves the right terminate the offending account without notice or refund.

Finance and Billing

1. Payment for all Barton Consulting services are required in advance of the commencement of that service.
2. Some services include a set-up fee. This fee will be added to the cost of the first contract period.
3. Payments must be made through Barton Consulting's payment provider. This is currently PayPal. Barton Consulting reserves the right to change payment providers at any time. Notifications of payment will be sent by the payment provider. The delivery (or otherwise) of this notification is outside of the control of Barton Consulting.
4. WebFaction reserves the right to change prices at anytime.

Cancellation and Refunds for Hosting Accounts

• Customers may cancel their accounts at anytime by calling 888-379-1357
• If a customer wishes to cancel their account within 45 days of the initial signup they may do so for any reason and receive a full refund.
• After the initial 45 day trial period customers will not receive any refund.

Termination

1. Barton Consulting reserves the right to suspend or cancel an account at any time, without notice and for any reason. In this event, customers will be entitled to a pro rata refund based upon the remaining contract period.
2. Barton Consulting reserves the right to suspend or cancel an account without notice or refund if it deems, in its sole discretion that the customer has failed to comply with the Terms of Service or the Acceptable Use Policy.
3. Non-payment of service will result in a notification on non-payment being sent to the administrative email address for the account.
4. If payment has not been received within 15 days of it being due the customer's account will be suspended until payment is received.
5. If payment has not been received within 45 days of it being due the customer's account will be canceled.
6. Once an account is canceled, Barton Consulting is not responsible for the integrity of data associated with that account.
   1. Barton Consulting reserves the right to revise its policies at any time.
   2. If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these terms and conditions and Acceptable Use Policies.
   • Any service provided or performed or agreed to be performed by a customer.
   • Any product sold or otherwise distributed by a customer.
   • Any material supplied by the customer in violations or allegedly in violations on any third-party intellectual property rights. Including, but not limited to copyright infringement, trademark violation and trade secret violation)
   • Inaccuracy of any information provided by the customer. Including, but not limited to, libel and false advertising.
   • Any customer's use of the Barton Consulting service in an unlawful manner or in a manner which is in violation of Barton Consulting's Terms of Service or Acceptable Use Policies.

Contact Information

Customers are required to keep their contact details are kept up to data and include at least one email address which is not hosted by Barton Consulting. Barton Consulting is not responsible for any problems caused by out of date or inaccessible contact details.

Lawfulness

Customers may not use Barton Consulting's servers for any purpose which violates international law or any of the laws of the United States of America, Texas, the United Kingdom or the Client's locality.

Warranties and Limited Liability

Barton Consulting services are provided "as is" and customers use of these services is at their sole risk. Barton Consulting hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall Barton Consulting be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in anyway out of the use of our services or software. Notwithstanding the above, Barton Consulting expressly limits its damages to the Customer to those laid out in our Refund policy.

Indemnification

The customer agrees that it shall defend, indemnify, save and hold harmless Barton Consulting, its agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney's fees) that may arise or result from: We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse. We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time. We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service. You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material. You will keep your password secret and will not disclose it to any third party. You will notify us and change any password you believe has been compromised. The email facilities we provide are intended to allow you to provide a professional presence for you or your customers domains, they are not to be used to provide a general purpose email service like hotmail, or for the sending of bulk email of more than 500 messages a day on average through our SMTP servers without prior arrangement.

Miscellaneous