Terms of Service
Customer agrees to compensate Far or Near each month for all Services provided. Far or Near may update Our pricing at any time and the new pricing shall be effective starting on the next renewal date. Any payment which is not made by the renewal date shall be deemed to be overdue. Any funds paid to Far or Near shall be applied first to the oldest outstanding obligation. Far or Near reserves the right to charge the maximum rate of interest permitted by law on overdue accounts. If collection becomes necessary to satisfy this Agreement, Customer agrees to pay all costs, wages, subpoena service and attorney fees.
This Agreement does not include website design or development or any services not specified in this Agreement or included with Your website hosting plan, as defined at www.farornear.com/web-design.
Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If You are not sure that the material was removed or disabled as a result of mistake or misidentification, You should first consider consulting an attorney.
Third-party software may not be used unless approved by Far or Near. Approved software may only be installed by Far or Near. We may disable or remove software at anytime, for any reason or no reason and without prior notice or warning.
Customer is responsible for maintaining sufficient licenses to allow for updates and appropriate usage rights for any third-party software used by Customer's website.
Customer acknowledges responsibility for all content provided by Customer to Far or Near for performance of the Services or otherwise included in Customer's website(s). Customer agrees to indemnify and save harmless Far or Near from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or out of any content provided by the Customer.
Far or Near shall have the right, but not the obligation, to remove content which We deem to be harmful, offensive or in violation of any provision of this Agreement.
FAR OR NEAR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED FOR THE SERVICES. FAR OR NEAR ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY BE SUFFERED BY CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS BY ANY CAUSE OR ERRORS OR OMISSIONS OF CUSTOMER.
Far or Near specifically denies any responsibility for the accuracy or quality of information obtained through the Services. Use of any information obtained through the Services is at the risk of Customer.
Far or Near does not guarantee the speed or availability of the Services and specifically denies any responsibility for any damages arising as a result of unavailability. Far or Near expressly limits its damages to Customer for any non-accessibility time or other down time to the pro-rata charge during the system unavailability.
Either party may terminate this Agreement at anytime. In the event Far or Near chooses to terminate the Agreement without cause prior to the end of a billing period, Customer may request a prorated refund for the number of days left in the billing period.
Customer shall not be eligible for a prorated refund if Customer voluntarily terminates this Agreement or Far or Near terminates this Agreement for cause.
Far or Near is an independent contractor and neither Far or Near nor Far or Near's staff is, or shall be deemed, Customer's employees.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree that the dispute will be settled by binding arbitration in Brevard County, Florida under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO RESOLVE ANY DISPUTES WITH FAR OR NEAR ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Last Updated: 9/1/2018