Tristan Media LLC is the proprietor of ArtCat Hosting, which provides web publishing and hosting services dedicated to helping artists and galleries build their presence on the web. You are bound by this agreement by clicking the "Order now" link below. This agreement takes effect when you first pay us.
- 1. Services
- 1.1. We will provide web publishing and hosting services as described on our website. You must have sufficient equipment and expertise to use the services. We may reformat the content that you provide to best fit our templates.
- 2. Pricing and Payment
- 2.1. The prices for the services are shown on our website. We may change the prices on 30 days' notice, posted on the website. If you purchased an annual subscription, the price will not change during that year. Prices shown are for standard templates. Customizing a website will require an additional set-up fee based on the scope of work.
- 2.2. Monthly subscriptions are payable by credit card, automatically billed the first week of each month. Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it, and that amount remains unpaid at the beginning of the next billing cycle. Accounts that are delinquent by more than one billing cycle may be suspended, archived, or deleted from the system. Suspended accounts continue to accrue charges until reinstated or cancelled, even if you do not use the account.
- 2.3. Annual subscriptions are payable by credit card or check. If we approved payment by check, then payment on all charges is net 30 days in the currency in which billed. If a due payment is not made within 60 days after the date of the invoice, then a late-fee of 1.5 % per month will be imposed. We also may suspend or terminate your use of the services. There is a $50 fee for each returned check.
- 2.4. If you believe that we billed you incorrectly, you must contact us within 90 days after the closing date of the first billing statement containing the error.
- 2.5. To cancel your subscription, you must do so via our website. All due charges must be paid in full before a cancellation will be considered complete. Service charges will extend to the end of the month in which the subscription is cancelled.
- 3. Termination
- 3.1. You may terminate this agreement at any time, using the procedure in paragraph 2.5, and receive a pro-rated refund, if applicable. The set-up fee for customized websites is not refundable.
- 3.2. We may terminate this agreement at any time, on 30 days' notice. In that event we will send you a pro-rated refund, if applicable. We may terminate without notice if we reasonably believe that your use of the services poses an immediate risk to our property or rights, or to other customers or the public.
- 3.3. If you have your own domain name, then in case of termination (whether by you or by us) you will be responsible for arranging with your domain name registrar to update the nameservers in the domain name record.
- 4. Terms of Service
- 4.1. Unless otherwise agreed, your right to use the services and to designate other users is not transferable. You are responsible for guarding your password against misuse.
- 4.2. We may monitor the security of your password. We may direct you to change the password to one that is more secure. If you repeatedly choose insecure passwords, we may assign a password to you. Your continuing failure to maintain the security of your password may lead to termination.
- 4.3. If you display on your website content that we reasonably believe is illegal, grossly offensive, or otherwise unduly harmful, we may disable your website without prior notice.
- 4.4. You will not allow your website to be used in any illegal way, for example, to infringe intellectual property rights, threaten harm to people or property, or fraudulently offer products. You will not attempt to access the accounts of other clients or to penetrate the security of our system.
- 4.5. You will not "mail-bomb" anyone, by sending more than ten similar e-mail messages to the same address. You will not send unsolicited mass e-mail, including e-mail that advertises websites hosted by Tristan Media LLC.
- 4.6. You will not use the services to store or distribute viruses or other destructive code.
- 4.7. You will not interfere with anyone's use of the services.
- 4.8. You will not post or transmit any message that is threatening, abusive, or hateful. We do not wish to discourage you from expressing controversial views, but we may prevent dissemination of statements that we consider sufficiently harmful.
- 5. Warranty, Liability, and Indemnity
- 5.1. The services are provided "as is." We make no warranty of the quality of the services or the accuracy of data available through them. We do not warrant that the services will be uninterrupted or error-free. We disclaim any implied warranty of merchantability or fitness for a particular purpose, or of non-infringement. We do not warrant that files downloaded through the services will be free of viruses or other destructive code.
- 5.2. You warrant that you have the right to display, publish, and otherwise use the content on your website and that the content does not infringe anyone's rights or violate other laws. You will defend and indemnify Tristan Media LLC against all liability, including reasonable attorney's fees, related to any violation of law or of the rights of a third party, including by visitors to or users of your website.
- 5.3. We will not be liable for direct, indirect, consequential, incidental, or punitive damages related in any way to the services, including for loss of data, or for removing and deleting, for any reason, your content. Our entire liability is limited to a pro-rated refund of the fee that you paid for the services.
- 6. Publicity
- 6.1. You grant to Tristan Media LLC a non-exclusive, perpetual, irrevocable, royalty-free license to use your trademarks and tradenames, and text and images on your website, as reasonably necessary to create a portal website to highlight and promote your offerings and the services.
- 7. Assignment
- 7.1. You may not assign your rights and duties under this agreement without our written consent. We may assign our rights and duties under this agreement to a company that purchases substantially all of our assets.
- 8. Notice
- 8.1. Any notice required by this agreement may be communicated by e-mail, fax, or postal mail, as follows:
E-mail: [email protected]
Fax: (212) 202-4178
Tristan Media LLC
255 West 23rd Street, Suite 2HE
New York, NY 10011
- 8.2. A list of ways to contact us also appears on http://app.artcat.com/. Questions about this agreement should be sent to [email protected].
- 9. General
- 9.1. Modification: This document contains the entire agreement between us. It can be modified only if we both agree in writing (such as by your signing a hard copy of the modified document) or by electronic means (such as by your clicking "I agree" on the webpage where it appears).
- 9.2. Waiver and Severability: Failure to exercise a right under this agreement will not waive that right. If a judge deems a provision of this agreement unenforceable, the other provisions will remain enforceable.
- 9.3. Disputes: This agreement is governed by New York law, regardless of New York choice-of-law principles. Jurisdiction of disputes is in New York courts, with venue in New York County.
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