Terms of Service and Privacy Policy

Last updated on October 24, 2022

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Bringing on Fawkes Digital Marketing you agree to the service agreement and privacy policy outlined below. Any violation of this agreement may result in the suspension or termination of your account or such other action as Fawkes Digital Marketing deems appropriate.

What Information Does Fawkes Digital Marketing Gather?

The privacy of our clients and our site visitors at Fawkes Digital Marketing is essential to us. This is why we clearly show you our policies and believe in complete transparency. As technology and the world around us changes, we will continue to update these policies to inform you better. Check back often to see the latest updates to our policies. If you wish, you can always contact us requesting the latest information and to be notified of changes through our online contact page.

Selling Information

We want to start by stating we will not sell your information. Any information we gather is solely for our use in providing a more customized user experience and take care of you as someone interested in our products and services or as an active client of Fawkes Digital Marketing.

Cookies & Location Information

All of our systems utilize cookies for tracking purposes. These cookies allow us to know that you are you as well as determine where you are coming from. At anytime you have the ability to remove these cookies from your computer by removing the cookies from your local computer. You will still be able to utilize most of our services except log into secure portions of the website that use cookies. Our user/membership portal does require cookies to use the system. In addition to utilizing cookies we also will log into our system the IP Address of all computers that access our system. This is in our system as well as our analytics software, Google Analytics. We utilize two sets of cookies which are:

  • Site Cookie - these cookies are used only on this site and related to tracking your being logged into the system and seeing how we can better improve our offerings for customer needs.
  • Google/Third-party Cookie - We utilize Google Analytics and Google Ads on our site to track what pages you go to and in what order you visit the pages. On top of that, we use a variety of programs like HotJar, MailMunch, Facebook Pixel, and other programs to provide you an enhanced service.

We have absolutely no problems if you opt to block cookies on the site. By doing so some services may be limited or not available. All of the public functions of the site are available without cookies.

Mailing Lists / Downloadable Documents

You are allowed to subscribe to our newsletters and/or download documents/information from our site. In these cases we will ask for your email address and sometimes your name and contact information. This information is so that we can let you know of new products and services that we have available as well as tips and tricks to help you grow your business online. You can always unsubscribe from any email list you signed up for at any time.

We encourage our competitors to get this information as well as we know you are curious as to how great or product is and why so many love our products and services.

Registering

When you register an account with us at Fawkes Digital Marketing we ask for basic information, such as your name, email address, address, and phone number, and payment information if you are going to be the person paying for services or using our site as part of a membership portal. This will also require the providing of a business card to our QuickBooks account or a checking account number for billing purposes.

Surveys & Polls

Throughout the lifecycle of being a client with Fawkes Digital Marketing we will send out surveys seeing how we can better serve you and provide a better client experience. These surveys and polls are not anonymous as we will at a minimum gather your IP address and we do know who is filling out the information.

Customer Relationship Management (CRM) System

We utilize a Customer Relationship Management (CRM) system to log all support requests as well as work that we do for you. This information is always available to you 24x7 as one of our clients. Within this system we keep track of your domain expiration dates and other important information so that we can proactively give you the highest level of customer satisfaction as well as provide you access to see what we are doing on your account. You are able to add new tasks and information as well for requesting additional services and support from us.

Sharing of Information

Although we will not sell your information we will provide it to certain organizations based on legal needs. These are:

  • Court Orders - When we receive a legal court order we will first validate it for being a legal document and what is the minimal amount of information we have to provide. Based on what the order states we will either let you know or not as some orders do not allow us to disclose requests from the courts.
  • Illegal Activities - If at anytime we learn that you are doing illegal activities we will be immediately turning your items off and making an archive of that information. This information will be immediately provided to law enforcement. Any illegal activities go against every policy that we have. This is a violation of our Acceptable Use Policy.

Server Abuse

Any attempt to undermine or cause harm to a server, server or website performance, or customer, of Fawkes Digital Marketing is strictly prohibited.

Unauthorized use of other people's accounts or computers is strictly prohibited. Fawkes Digital Marketing will strongly react to any use, or attempted use, of an internet account or computer without the owner's authorization. Such attempts include: "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.

Any unauthorized use of accounts or computers by a Fawkes Digital Marketing customer, whether or not the attacked account or computer belongs to Fawkes Digital Marketing, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE: Fawkes Digital Marketing has the right to discontinue service, or deny access to anyone who violates the agreements outlined on this or any other agreement page. No refunds or fees paid will be made if account termination is due to violation of the terms outlined in this agreement.

Customers may not run IRC, bots or clients on Fawkes Digital Marketing's servers beyond that of chat clients utilized within a website. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, adult content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Fawkes Digital Marketing to be unacceptable use of Fawkes Digital Marketing's services including abuse of server resources.

All hosting accounts may be terminated for any of the following:

  • Non-payment of services.
  • Blatant expressions of bigotry, racism or hatred.
  • Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  • Displaying material that exploits children under 18 years of age.
  • Displaying material that exploits adults over the age of 18.
  • Violating any local or federal laws.
  • Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
  • Exporting encryption software that is not allowed to be exported outside the United States.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail. Fawkes Digital Marketing takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. All email servers have anti-spam safeguards in place and we are notified whenever these actions happen.

The following activities are not allowed:

  • Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  • Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
  • Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
  • Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
  • Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
  • Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Server Resource Abuse

Server resource abuse include, but are not limited to, the use of: CGI, Perl, XSS, Sendmail, mySQL, MSSQL, PHP, ASP, ASP.Net, CFML, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Adult Content

Adult content, pornography and sex-related merchandising are prohibited within the Fawkes Digital Marketing Network. This includes sites that may infer sexual content or link to adult content elsewhere.

Because the internet is a global communication tool, it is difficult to dictate what is considered "adult content." It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, Fawkes Digital Marketing has chosen to enforce its "no adult sites/products," policy.

Security Auditing

Fawkes Digital Marketing reserves the right to monitor activity on our servers and network for the purposes of integrity, security, performance, reliability, and good business practices. By becoming a client, you consent to such monitoring of files, applications, internet traffic and any other content uploaded or recived through the Fawkes Digital Marketing network or servers.

Any attempt to circumvent, alter, or otherwise bypass our ability to accurately monitor our services is prohibited and can result in a termination of services, without any possibility of a refund.

Fawkes Digital Marketing will adhere to it's Privacy Policy when monitoring it's network and services. Should any issues arise out of such monitoring, the customer will be notified before action is taken unless Fawkes Digital Marketing, at it's sole discretion, deems the issue as an emergency in which immediate action is required.

Payment Policies

Fawkes Digital Marketing requires payment terms of Net 0, unless otherwise agreed upon. Accounts over 90-days of no payment will be assessed a 10% finance charge as outlined on your invoice. It is required to have an electronic check or credit card on file to keep your account current at all times.

Setup/initial site building fees are non-refundable. All pricing is guaranteed for any term of pre-payment. Fawkes Digital Marketing reserves the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Fawkes Digital Marketing to request for termination of services. All payment is in U.S. currency. Fawkes Digital Marketing will bill each client $50.00 per returned check and per credit card chargeback received.

Fawkes Digital Marketing's obligation to provide the Service is contingent on your payment of the fees and charges agreed upon. Accepted methods of payment are credit card (Visa, MasterCard, Discover Card, and American Express), business check (electronic or written), or money order. Checks and money orders should be sent at least one week prior to the invoice due date to help ensure that the payment is received by Fawkes Digital Marketing in a timely manner and before the invoice due date. Fawkes Digital Marketing reserves the right to only accept a certified payment if payment problems occur with a specific customer/company.

Fawkes Digital Marketing requires payment for invoices immediately ("Due Date"), unless alternate arrangements are stated on invoice. It is your responsibility to ensure that Fawkes Digital Marketing receives payment of the agreed upon fees. Accounts not brought current will be assessed a 10% monthly finance charge and can be compounded every month they are late. This charge will occur monthly based on the invoice due date until payment has cleared from our financial institution. Should your account go past the 7-day grace period, it can be suspended and a re-connection fee can be assessed. All accounts that routinely pay late can be requested to make all future payments with credit card or electronic checking withdrawal so that payments are processed on their invoice due date.

All setup fees and domain name registration fees are non-refundable for any reason. Domains will be owned by the business once payment in full is received. Fawkes Digital Marketing reserves the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Fawkes Digital Marketing to request for termination of services. All payment is in U.S. Currency. Fawkes Digital Marketing will bill each client $50.00 per returned check and per credit card charge-back received.

Should the service be suspended, for any reason, fees will continue to accrue. Should service be interrupted for non-payment, the account will be subject to a $50 per-service reconnect charge. Reactivation will only occur once the outstanding balance has been received in full. Partial payments will not restore services. If multiple services are deactivated due to non-payment, all outstanding invoices must be paid in full before any one service will be reactivated. Fawkes Digital Marketing reserves the right to keep any service deactivated until funds paid have cleared with our financial institution.

Upon any account being terminated all outstanding invoices must be paid in-full prior to our providing and working with your new provider.

Non-Payment

When non-payment of services happens we will do our best to work with you. This does require communication on your part.

  • Email notificatiosn to correct the payment by updating your credit card information on file. You can either update your information through FreshBooks or submit your information through our Payment Information form here.
  • After two weeks with no response a written letter and sent to the primary address/contact on file in our CRM (Customer Relationship Management) system will be sent.
  • After 45-days of non-payment and no communication to bring the acccount back in good standing.
    • Your website will go into an "Under Construction" mode preventing anyone from seeing your website.
    • Email will still be active during this time.
  • After 90-days of non-payment and no communication to bring the acccount back in good standing.
    • A message stating the website is slated for deletion due to non-payment.
    • Email will be turned off.
    • Any access to Dropbox and other available online sources will be removed.
  • After 120-days of non-payment and no communication to bring the acccount back in good standing.
    • Your website will be deleted.
    • Your email will be removed.
    • We will have backups saved and stored up to 180 days. After the 1-year all data will be removed.
  • After 180-days of non-payment and no communication to bring the acccount back in good standing we will list your domain for sale for the exact amount owed for services not paid for.

Note: Any account that is over 180-days of non-payment or comes back after leaving our service will no longer be at your old annual/monthly rate. You will be paying the current annual/monthly payment plan rates.

Refunds and Disputes

All payments to Fawkes Digital Marketing are non-refundable. This includes one-time setup fees, pre-payment fees, and subsequent charges regardless of usage. You shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Fawkes Digital Marketing or by you according to the terms outlined by this agreement.

Fawkes Digital Marketing, at it's sole discretion and judgment, may determine to offer you a refund, pro-rated or otherwise. This may be either full or in increments which Fawkes Digital Marketing will outline to you. Any refunds will be returned by company check.

Account Cancellation and Suspension

Fawkes Digital Marketing reserves the right, at it's sole discretion and judgment, to cancel this agreement and/or the services provided herein for any reason at any time. Fawkes Digital Marketing will use every reasonable care in notifying you of the reason for this decision, and will make every reasonable effort to work with you to rectify any problems that may have effected our decision. Until the matter is satisfied your service may remain deactivated until payment, in full, is received.

In order to cancel your account, you must contact Fawkes Digital Marketing at least 30-days before the end of the services billing cycle. Cancellation requests must be in letter or email form. This cancellation must be initiated from the account and not any third-party provider. Any outstanding amount needs to be paid in full prior to any data being released or your account being officially closed.

Harassment and Abuse

Fawkes Digital Marketing will not tolerate abuse of any kind towards it's employees. This includes verbal harassment, yelling, swearing, rudeness, threats, or any intentionally disruptive behavior directed at Fawkes Digital Marketing or any of it's employees or agents. You agree to engage Fawkes Digital Marketing employees in a professional manner whether in email, support tickets, live chat, forums, or telephone calls. You agree that any abuse originating from you toward a Fawkes Digital Marketing employee for any reason, even regarding a breach by Fawkes Digital Marketing, will be construed as a violation of this agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.

Liability and Obligations on Cancellation

If the agreement expires or is cancelled for any reason, Fawkes Digital Marketing is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration.

If you terminate this agreement, Fawkes Digital Marketing will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Fawkes Digital Marketing under this agreement.

Not paying any outstanding balance does not end just because you cancelled services with Fawkes Digital Marketing.

IP Address Information

Fawkes Digital Marketing administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Fawkes Digital Marketing staff. A dedicated IP address, that will be released to the client can be done for a fee if the hosting server allows the transfer of the IP address. Not all hosting providers allow this. Before you receive this Fawkes Digital Marketing will receive written authorization and provided to you if this is available. Otherwise the any dedicated IP address will be released back to the hosting provider.

Material and Product Requirements

You must ensure that all material and data placed on Fawkes Digital Marketing's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Fawkes Digital Marketing which could interfere with any other site on the server. Any software installed needs to have appropriate licensing and proof of ownership provided. Fawkes Digital Marketing will make no effort to validate any of this information for content, correctness or usability. It is up to you to provide us this information upon being installed.

Use of the Services requires a certain level of knowledge in the use of internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a website. Fawkes Digital Marketing does not provide this knowledge or customer support outside of the Services.

Intellectual Property Rights

Material accessible to you through Fawkes Digital Marketing's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Fawkes Digital Marketing or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Fawkes Digital Marketing Network. If you use a domain name in connection with Fawkes Digital Marketing or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Fawkes Digital Marketing Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.

Fawkes Digital Marketing will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system; Fawkes Digital Marketing will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Fawkes Digital Marketing or any of its other customers.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation:

  • The accuracy and appropriateness of content and materials appearing within the store or related to your products.
  • Ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party.
  • Ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
  • You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Dynamic & Static Content Caching

You expressly grant to Fawkes Digital Marketing a license to cache the entirety of your website, including content supplied by third parties, hosted by Fawkes Digital Marketing under this agreement. You expressly agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

Domain Name Registration

Customer agrees to pay Fawkes Digital Marketing any and all domain registration costs unless otherwise negotiated within a specific plan they signed up for. If the client changes plans that does not cover Fawkes Digital Marketing paying the domain registration it is up to the client to pay this registration cost.

All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then-current registration term. Fawkes Digital Marketing reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

We will do good faith to secure a clients domain prior to payment being received if one is agreed up so that the clients web presence is secured. Until payment is received the domain will remain the property of Fawkes Digital Marketing. After payment is made the domain will become the property of the client and only maintained by .

Lawful Purpose

Fawkes Digital Marketing reserves the right to refuse service to anyone. Customers may only use Fawkes Digital Marketing's servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Fawkes Digital Marketing management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Cullman County, Alabama, and any dispute will be litigated or arbitrated in Cullman County, Alabama. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Porter County Courts. IN NO EVENT SHALL Fawkes Digital Marketing's MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Fawkes Digital Marketing HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Fawkes Digital Marketing, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Fawkes Digital Marketing AGAINST LIABILITIES ARISING OUT OF:

  • ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Fawkes Digital Marketing's SERVER.
  • ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY.

Disclaimer

Fawkes Digital Marketing WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Fawkes Digital Marketing MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Fawkes Digital Marketing DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Fawkes Digital Marketing AND ITS EMPLOYEES. Fawkes Digital Marketing RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Fawkes Digital Marketing MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Damages

You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons, the cause of which can be difficult if not impossible to ascertain. You agree that Fawkes Digital Marketing shall not be held liable for any damages arising from such causes beyond the direct and exclusive control of Fawkes Digital Marketing. You further acknowledge that Fawkes Digital Marketing's liability for it's own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall Fawkes Digital Marketing be liable for any special or consequential damages, loss, or injury. IN NO EVENT SHALL Fawkes Digital Marketing MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Non-Waiver

No waiver of rights under this policy by either party shall constitute a subsequent waiver of this or any other right under this agreement.

Severability

If any portion of this agreement, any accompanying agreements, or the application thereof to any person, place, or circumstance, shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the document and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect, and such provisions shall be enforced to the fullest extent consistent with applicable law.

Force Majeure

You agree that Fawkes Digital Marketing is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other circumstances or occurrences beyond our control. whether or not it is similar to those listed above.

Litigation

Regardless of your location, you agree that for purposes of venue and jurisdiction this contract was entered into and performed in Cullman County, Alabama, and any dispute will be litigated or arbitrated in Cullman County, Alabama. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Porter County Courts. IN NO EVENT SHALL Fawkes Digital Marketing'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Assignment

You agree that you do not have the right to assign this agreement without the explicit written permission of Fawkes Digital Marketing. This agreement shall be in force and effect to the total benefit of You and Fawkes Digital Marketing, and their successors and permitted assigns.

99.99% Network Uptime Guarantee

This 99.99% uptime guarantee applies to any Fawkes Digital Marketing Hosting Client in good financial standing with Fawkes Digital Marketing at the time of a service outage. Network and server maintenance may require server reboots. This time is scheduled for after hours and does not count toward the uptime guarantee. If you have specific times that would hinder your business you are required to let Fawkes Digital Marketing know so that any maintenance is not performed at these times unless absolutely necessary.

Specifications

Fawkes Digital Marketing endeavors to have our public network available to any party in the world 100% of the time. The exception is 100% known hacker addresses will be blocked from accessing any equipment within the network. Each website can also disable access on a website by website basis. Network downtime (unavailability) is defined as 100% packet loss from Fawkes Digital Marketing to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Fawkes Digital Marketing' online CRM (Customer Relationship Management) system. If the ticketing system itself is unreachable, the ticket must be started by calling the Fawkes Digital Marketing main phone number at 256-258-8593. Fawkes Digital Marketing' administrators will determine the end of the downtime by a trace-route to the backbone providers from the Fawkes Digital Marketing network.

Credit

If our public network does not experience 100% network uptime in a given month, Fawkes Digital Marketing will credit 10% of the customer's monthly service fees for customers affected services. Credits issued for every 30 minutes of network downtime experienced up to 100% of the monthly service fee. The customer account must be in good standing.