Website Conditions Of Use

Website Hosting Terms of Service

These Terms of Service are a part of the Website Hosting contract or agreement between Client and Pavlov Media, Inc. (d/b/w/ Campus Communications Group, a.k.a. CCG) (“Pavlov Media” or “Company”) as more particularly described below:

Agreement. These Terms and Conditions shall apply to all Website Hosting Services provided by Company to Client throughout the entire initial Term or Renewal Term. The entire Agreement consist of the following: the Order (described below in Section 2), these Website Hosting Terms of Service, and General Terms and Conditions (described below in Section 14). Collectively these documents (whether generated physically or available online) form the entire agreement between Company and Client concerning website hosting and are referred to herein collectively as the “Agreement” and supersede any other agreement previously established between Client and Company. If there is a conflict between various provisions of the Agreement, the terms shall govern according to the following order of precedence: 1) the Order, 2) these Terms of Service, 3) the General Terms and Conditions, and 4) any terms incorporated by reference by any of the foregoing documents such as applicable policies. The terms contained in any other transactional document, form, or notice provided by Client shall not be a part of the Agreement, even where Client’s customary business practices require a showing of assent to such terms by Company such as by signature or reference in an invoice.

Order, Authorized Users, User Portal

Company provides a User Portal available online, which is available to Client for the purpose of managing Client’s account, requesting support, or submitting or modifying Orders. An Authorized User may submit of a request for Products and/or Services in the User Portal. Such a submission is an Order, and submitting an Order to Company constitutes acceptance by Client of these Terms of Service, the online General Terms and Conditions and any other document which is a part of the Agreement as defined above. No Order shall be deemed to be accepted by Company until Company sends Client an email notification of acceptance of the Order.
An Authorized User is an individual or entity designated by Client via the User Portal that may access the User Portal and act on behalf of Client for the purpose of managing Client’s account, requesting support, or submitting or modifying Orders. Client is responsible for managing the Authorized Users and keeping them up-to-date. Client authorizes Company to provide all applicable support and account information to Client’s Authorized Users and to make modifications to the Services at their direction.
Client may only add, modify, or remove Authorized Users through the User Portal. Company will not do so on Client’s behalf, and Company will only provide support, assistance, and information to Authorized Users who can verify their identity through the User Portal. Notwithstanding the foregoing, if Client pays for the Services with a credit or debit card, Company may remove that card as a payment method at the request of any individual who is able to provide reasonably satisfactory evidence that he or she is the named individual or an Authorized User for a named business on such credit or debit card.
Client will require Authorized Users to abide by the terms of the Agreement, and Client acknowledges and agrees that Client is fully responsible for the actions and omissions of the Authorized Users and for all costs, overages, or other liabilities incurred through Client’s account except to the sole extent that any such use or liability is the result of Company’s breach of the Agreement. An Authorized User, within the scope of permissions granted to such Authorized User in the User Portal, may make changes to the Services, and Client agrees to pay any Fees associated with such changes. Client shall promptly notify us in the event that Client become aware of any violation of the terms of the Agreement or any unauthorized use of the accounts of Client or Client’s Authorized Users.

Products and Services. Products and Servicesare to be provided as described in the Order. The fees for products and services, as well as provisions for invoices and due dates are set forth in the Order.

Term and Automatic Renewal. The initial term of this Agreement is set out in the Order. Unless the Products and Services are terminated as described below or the automatic renewal option is not timely disabled in the User Portal, the Agreement shall renew for subsequent terms of length equal to the initial terms set out in the applicable Orders unless Company, in its sole discretion, determines not to do so. For terms of three months or longer, the Services must be canceled, or the automatic renewal option must be disabled, by at least 15 days prior to the end of the term. For terms of less than three months, the Services must be canceled or the automatic renewal option must be disabled by at least 7 days prior to the end of the term.

Termination/Default. If Client seeks to terminate this Agreement, Client will do so through the User Portal. Either party may terminate this Agreement for any material breach by the other party, provided the breaching party has been given written noticeand a 30-day opportunity to cure the breach. However, in the case of any breach of the financial obligations under the Agreement, written notice and a 20-day opportunity to cure the breach shall be provided.

Fees.
Taxes and Surcharges: All fees and charges exclude federal, state, and local taxes, fees, and surcharges, and other charges as may be delineated on invoices. All fees must be paid in advance for the entire term or renewal term described in Section 4. If the fees are not paid in advance Company may, in its sole discretion, terminate this Agreement.
Suspension, Reactivation Fees and Related Charges. Notwithstanding anything herein to the contrary and without prejudice to any other rights Pavlov Media may have under this Agreement or otherwise, including Pavlov Media’s rights to terminate the Agreement and without limiting Client’s obligation to make payments due under this Agreement, Pavlov Media may, without liability suspend or terminate its performance under this Agreement if Client is in breach of the Agreement including breach of the obligation to timely pay invoices. If Client requests to resume Products and Services after any suspension, Pavlov Media may require Client to pay a reactivation fee. If Client reinstates any or all Products and Services after disconnection, Pavlov Media may require Client to pay a service activation fee. These fees are in addition to all past due charges and other fees. Reactivation of Products and Services is subject to Pavlov Media’s credit policies, the Agreement and applicable law.

Use of Services.
Client may upload, store, publish, display and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software and other content on or through the services (“User Content”). User Content includes any content posted by Client or by Client’s End Users of websites hosted through the services (“User Websites”). Client is solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or disclosing User Content on or through the services, Client represents and warrants to Company that (i) Client has all necessary rights to display and disclose such User Content, and (ii) Client’s posting or disclosure of User Content does not violate the rights of Company or any third party.
Solely for purposes of providing services, Client hereby grants Company worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license to: (i) use, modify, publicly perform, publicly display, reproduce, excerpt (in whole or in part), publish, distribute User Content, including to make back-up copies of User Content and User Websites without any payment. Except for the rights expressly granted herein, Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with Client.
Company shall not exercise control over and accepts no responsibility for User Content or any other information passing through Company’s services. The Company may monitor User Content, but is under no obligation to do so. If Client or Client’s End Users post or publish any material in violation of the Agreement, or otherwise violate the Agreement, in order to resolve the issue, Company reserves the right to review User Content and immediately take any corrective action, including without limitation removal of part or all of the User Content or User Websites, suspension or termination of any and all services with no refund. Client hereby agrees that Company shall have no liability due to or arising out of any corrective action that Company may undertake.

Client Responsibilities; Technical Support. Client is solely responsible for backing-up all User Websites and User Content. Company is not responsible for the loss of any User Websites or User Content.

Client agrees that technical support may require Company access to User Website and/or User Content. It is Client’s obligation to perform and store a backup of Client data and files prior to requesting technical support. Client is solely responsible for any instructions provided to Company as part of a technical support request. Client understands and agrees that any modifications performed in order to address a technical support issue may affect the functionality of User Website and/or services. It is Client’s responsibility to ensure that the services are operational and configured to Client needs once Company completes work on a technical support request.

Service Level. To the maximum extent applicable under national law and without affecting Client’s rights as a Consumer, this provision governs Client’s sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

Company guarantees network uptime 99.9% on an annual base. If the guaranteed network uptime does not reach this level, Client will be compensated as follows:
99.9% – 99.00% uptime: 1 month of free hosting.
An additional month of free hosting for every 1% of uptime lost below 99.00%.

Client may check the status of Client’s hosting server uptime from Client’s User Portal. Client may contact Company’s customer service team if Client believe an SLA event has occurred. Compensation is limited to the length of Client’s current Term, but cannot exceed twelve months.

The following events do not count towards Company’s calculation of uptime:
Scheduled Maintenance, meaning any maintenance for which we provide reasonable notice or coordination with Client in advance of the maintenance;
Emergency Maintenance, meaning any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems;
Beta Services, meaning any services which are clearly and conspicuously designated by Company as Beta Services or as in early stages of testing or development;
Force Majeure, meaning all events beyond Company’s control; and
Actions or Omissions caused by Client, including any unauthorized use of the Services, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds Company’s recommendations or advertised limits.

Company’s calculation of network availability is based on Company’s internal records. Company will not accept third-party reports as evidence that Client is entitled to compensation under this provision.

Domain Name Services. If Client registers, renews or transfers a domain name through Company, Company will submit the request to its domain name services provider (the “Registrar”) on Client’s behalf. Company’s sole responsibility is to submit the request to the Registrar. Company is not responsible for any errors, omissions or failures of the Registrar. Client’s use of domain name services is subject to the applicable legal terms of the Registrar. Client is responsible for closing any account with any prior reseller of or registrar for the requested domain name, and Client is responsible for responding to any inquiries sent to Client by the Registrar.

Security.

Client agrees to (i) provide accurate, current and complete information about Client and Client’s organization (if applicable) as requested by Company; (ii) maintain the confidentiality of Client’s password and other information related to the security of Client’s account, if applicable; (iii) maintain and promptly update the information provided to Company, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of Client’s account and for any actions that take place through Client’s account.

Client acknowledges and accepts that, despite the security measures Company takes in connection with the services, the services may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms, Trojan horses, or the like. Under such circumstances, Company may take corrective action as it deems appropriate in its sole discretion and Client acknowledges and agrees that Company shall have no liability to Client for any damage or loss that Client may incur due to such corrective action.

GDPR Compliance. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in Client’s jurisdiction, and with respect to Client’s End Users’ personal data, Client acknowledges and agrees that Client is the Controller (as that term is defined in the GDPR), and Company is a Processor (as that term is defined in the GDPR) insofar as Client may store personal data through use of Company’s services only as permitted and subject to the terms of this Agreement. Client also acknowledges and agrees that Client is responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent that the GDPR applies to Client, Client represents and warrants that in using our services, Client will ensure Client has a legitimate legal basis to transfer such personal data to Company and that Client has the necessary permission to allow Company to receive and process (e.g., store) such personal data on Client’s behalf. Client permits Company to employ subcontractors as necessary to provide the services described in this Agreement.

13. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES TO CLIENT CONCERNING ANY SERVICE(S) OR FACILITIES, AND COMPANY HEREBY EXCLUDES AND DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY EXPRESS OR IMPLIED WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGE OF THE TRADE. CLIENT ACKNOWLEDGES COMPANY HAS NOT REPRESENTED OR WARRANTED THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY AND CLIENT SHALL IN NO EVENT BE LIABLE TO EACH OTHER, OR TO ANY PERSON OR PARTY USING ANY EQUIPMENT OR SERVICE PROVIDED UNDER THIS AGREEMENT, OR TO ANY PERSON OR PARTY TO WHOM EQUIPMENT OR SERVICE IS PROVIDED HEREUNDER, FOR LOSS OF TIME, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF CUSTOMERS OR GOODWILL, INCONVENIENCE, LOSS OF USE OF ANY EQUIPMENT OR PROPERTY DAMAGE CAUSED BY ANY EQUIPMENT OR SERVICE OR FAILURE TO OPERATE OR PERFORM PROPERLY, OR FOR ANY OTHER INDIRECT, SPECIAL, RELIANCE, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING IN ANY MANNER OUT OF THIS AGREEMENT OR ANY OBLIGATION RESULTING THEREFROM, OR THE USE OR PERFORMANCE OF ANY EQUIPMENT OR SERVICE. IN ADDITION, COMPANY SHALL NOT BE LIABLE IN EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT THAT IS THE SUBJECT OF ANY SUCH CLAIM. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OR PARTIAL FAILURE OF ANY THIRD-PARTY EQUIPMENT INCLUDING, BUT NOT LIMITED TO, INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF ANY PRODUCT OR SERVICE PROVIDED BY COMPANY AND/OR BATTERY BACKUP. IN ANY EVENT, CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD.

Online General Terms and Conditions. This Agreement is subject to the online General Terms and Conditions which are incorporated in full by this reference. These online terms are applicable to all Products and Services provided to Client by Company. The General Terms and Conditions contain important information concerning matters such as, but not limited to: Client Responsibilities, Service Limitations, Ancillary Service Limitations, Use of Services, Indemnification, Confidentiality, Governing Law, Jurisdiction, and Venue, Attorneys’ Fees, Severability, Force Majeure, Waiver and Assignment. These online terms are available at www.pavlovmedia.com/generalterms, and also will be sent by email, regular mail or fax to the Client upon request. By submission of an Order as provided in Section 2 above Client certifies that it has read and agreed to the General Terms and Conditions and specifically understands that same are a part of Client’s contractual agreement(s) with Company and accepts same. The General Terms and Conditions are subject to change, and the General Terms and Conditions in effect at the time of each new Order shall be those on the website at the time of such Order.

15. Notices. All Notices provisions as described herein shall be provided as follows:

for notices provided by CLIENT to COMPANY: by an Authorized User via the User Portal.
for notices provided by COMPANY to CLIENT: by email to CLIENT via the email address as provided by an Authorized User via the User Portal.

Representations and Warranties of Client: Client represents, warrants and agrees that:
1. Client has full power and authority to enter into this Agreement and to meet the terms and conditions of the Agreement, to grant any licenses provided in the Agreement, and the authorized user entering an Order accepting the terms and conditions of the various documents and policies collectively constituting the Agreement on behalf of Client is authorized to bind Client.
1. Client is under no obligation, contractual or otherwise, that would prevent Client from performing its obligations under this Agreement

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