Terms of Service

Terms and Conditions

1. The service

1.1. THE FUTURITY GROUP, INC. ("Futurity" or "The Futurity Group") will provide you, the Customer, with those services described on our site (the "Service" or "Services"). The Services will be provided according to these Terms and Conditions.

1.2. You must provide all information we request in order that we may provide the Service. We may refuse to provide any of the Services requested until that information is provided.

2. Provision of the service

2.1. We will use reasonable endeavors to provide the Services by the date(s) you request. Prompt responses to our requests for information or clarification of your service requests are essential for us to do so. Any delays in receiving requested information or usable solutions provided by third-parties or your employees or associates you have requested we work with automatically extend any estimated delivery schedules.

2.2. You understand that the Internet is a world-wide system of independent inter-connected networks and computers. We control only those systems that are on our network. We cannot guarantee fault free service. We do not warrant or guarantee the technical quality of the connections to national or international networks supporting the Service and of any other terminal equipment, computer program and of any other systems that are not under our direct control. However, we shall use reasonable endeavors to ensure that the Service is available for your use and we will repair any reported faults on our computer systems as soon as reasonably possible.

2.3. You use the Internet and any sites we host or develop at your own risk and agree that you are subject to and will comply with all applicable laws during your use and use by your guests, employees, officers, directors and agents.

2.4. You agree that we have no control over the content of the information transmitted or made available on the Internet. We do not guarantee that any particular content will be available at any given time and we make no guarantee regarding the security of the Internet generally or specifically. We further assume no responsibility for any information, software, services or other materials you obtain by using the Internet.

2.5. You must provide a proper, effective and appropriate connection with a telecommunications provider in order to use the Services. You must pay for all telecommunications charges and comply with all rules and regulations established by the telecommunications provider in connection with your use of the Service.

2.6. Other than software, hardware and installation services that we provide in connection with the Service, it is your sole responsibility to make sure that you have the necessary and appropriate software, operating systems, equipment and facilities to use the Service, as may be described in the Service Description.

2.7. You must ensure that any software or equipment connected to or used with the Service must be connected and used according to any instructions, safety or security procedures applicable to the use of that software or equipment.

2.8. The Futurity Group reserves the right to change the technical specification of the Service from time to time, provided that any change to the technical specification does not materially affect the performance of the Service.

2.9. You understand that we will provide the Service using a multi-user shared server. There may be occasions where use of the Service may be affected by access of other users.

2.10 You understand that all software and site programming have flaws commonly known as "bugs". All "bugs" or flaws in sites or programs we develop will be corrected as soon as practically possible. You agree that The Futurity Group will only be liable for correction of those flaws, and agree to hold us harmless for those flaws. All software and programming is provided on an as-is basis, and you understand we would not be willing to provide the Services except on the basis of the exclusions from and limitations of liability contained in these Terms. You expressly agree that these exclusions and limitations are commercially reasonable.

3. Use of personal information

3.1. You agree that we (or any of our subsidiaries or affiliates, also referred to as our "Group companies") may process personal information (including contact details) which you provide to us in the Order Form or that we learn or receive from you in connection with your use of the Services. We may process this personal information in order to administer the Services and for purposes connected to the Services and your business relationship with us, including (by way of example only), for the purpose of notifying you (whether by mail, telephone or email), of new or additional products or services provided by us, our Group companies and selected third parties. Unless you have advised us in writing to the contrary, we may disclose personal information to selected third parties for marketing purposes.

3.2. You may contact us at any time at marketing@futuritygroup.com to instruct us to stop using or disclosing personal data for direct marketing purposes.

3.3. If we collect personal information in connection with this Service, we will treat and use the information in compliance with the provisions of all relevant data protection laws, including, if applicable, your right to access the personal data and to request at any time any amendment or corrections thereto.

4. Charges and payment for the Service

4.1. You agree to pay all Charges, fees and other costs relating to the Services and at the time or times as set out in our Invoices or Agreements, without set-off, deduction discount, charge-back or other reduction for any reason whatsoever, including any claim you believe you may have against us. You agree to pay interest of 1.5% per month on all amounts which you fail to pay within thirty (30) days of the due date or the maximum amount permitted by law, whichever is lower.

4.2. All Charges are exclusive of value-added taxes (VAT) and any other similar sales taxes, duties or levies imposed on The Futurity Group by law which will be added to the Charges payable.

4.3. You agree that we may increase the Charges and other fees from time to time. In addition, we may increase the monthly or annual charges if your use of the Service generates a level of access which in our reasonable opinion, our Services (or any part of it) to other users is likely to be impaired in any way whatsoever. If you find such increase in Charges unacceptable, you may terminate the Service by providing us with written notice. Your continued use of the Service after notice shall be conclusively deemed acceptance of such increase and your right to terminate under this Section 4 will end.

4.4. You agree to forfeit the content of any site we host if you fail to pay for any invoice within forty-five (45) days of the due date. You also agree to forfeit any domain registrations associated with any site we host if you fail to pay for any invoice within forty-five (45) days of the due date. You also give us the right and power of attorney to force the transfer of any domain registration with any registrar.

4.5. All custom programming remains the property of The Futurity Group or its respective contract programmers until paid for in full. Title to such programming transfers only transfers after payment in full is received. For ongoing projects or projects where partial payment has been received, all changes to any programming remains the property of The Futurity Group or its respective contract programmers until paid for in full. If removal of such changes would adversely affect other programs, The Futurity Group's only obligation is to restore such previously paid for programming that is available from archive copies made before the additional programming was started.

5. Customer undertakings in connection with the use of the Service

5.1. You agree not to use and not to let any other person use the Services or any part of the Services to store, reproduce, transmit, communicate or receive any material, data, images or information, which is: a) in breach of any law or regulation, code of practice or acceptable use policy; b) abusive, indecent, defamatory, obscene, pornographic or menacing or otherwise offensive; or c) in breach of confidence, copyright or other intellectual property rights, privacy or any other rights of any third party, under applicable laws of any country or any international treaty, (any of which may be referred to below as "Offending Materials").

5.2. You further agree that, in connection with any of the Services provided under these Terms, you will not: a) directly or indirectly, use the Services or any part of the Services to provide any form of service generally associated with an Internet service provider, or otherwise in competition with The Futurity Group; b) resell the Services in whole or in part to any third party, unless you have entered into a reseller agreement with us; c) infringe any of our, or a third party's, intellectual property rights or other proprietary rights party involving software, programs and any other property supplied by us for the use of the Service; d) use the Service for any unlawful purpose or cause any nuisance through use of the Service or allow others to do so, including the delivery or transmission of unsolicited e-mail, also known as "Spam"; e) provide any third party with the password to access the Service and you will not access our network from more than one location simultaneously unless otherwise contemplated under the Service Description (e.g., if you subscribe to business account and roaming services); and, f) repair, modify or tamper with our network or insert any programs, data or information in our network, which may, in any way, affect the Service, cause any damage to third parties or be deemed unlawful.

5.3. You further agree that you will observe (a) the acceptable use policy rules established and amended by us from time to time in relation to the use of the Service, including those displayed on our web-site at http://www.futuritygroup.com/terms.htm, and (b) all instructions we provide in relation to the use of the Service that we believe are necessary for reasons of health, safety or the quality of any telecommunications service provided by us.

5.4. Certain information transmitted or displayed using the Internet may be illegal and you may be liable in this country or in foreign countries for accessing such information. You acknowledge that under the applicable national or international laws or regulations, The Futurity Group may, under certain circumstances, such as the initiation of a criminal investigation, be required to provide to legally authorized entities access to information we maintain about you and Services you use and decoding keys of information belonging to you. In all such cases, we will not be liable for any damages resulting from our provision of such information or decoding keys to such authorized entities.

6. Proprietary Rights and License of The Futurity Group and Third Party Software

6.1. If, as a part of the Service, we provide you software, whether owned by us or a third party, you agree that the ownership of and all intellectual property rights in the software shall remain vested in the owner.

6.2. You will have a limited non-exclusive non-transferable license to use the software solely in connection with the Service. The terms and conditions of this license are contained in the end user license agreement that is included with the software. Any other use of or dealing with such software is strictly prohibited.

7. Web Hosting Services

7.1. If you are using our Web Hosting Service, we may, at any time and from time to time, at our sole option, monitor and inspect your website relating to the Web Hosting Service. If we find or become aware or believe that you may be in breach of Section 5.1, we may without prior notice take any one or more of the following actions: a) remove the Offending Materials; b) suspend or permanently disable the Web Hosting Service or any part of it; or c) terminate the Service for breach.

7.2. The Futurity Group is not responsible for any material, data, images or information transmitted, used, communicated, passed over or received, through or on the Web Hosting Service. In particular, we do not warrant the quality or accuracy of such material, data, images or information and we assume no liability if they contain any Offending Materials. Your use of such material, data, images and information is solely at your own risk and is subject to all applicable laws, regulations, codes of practice and acceptable use policies.

7.3. You will, at your own expense, obtain all necessary content, including any materials, data, images, or information necessary for your use of the Service and you will be responsible for ensuring that any and all content you place on your website complies at all times with the requirements of these Terms.

7.4. We must receive a written notice at least 30 days prior to the end of any term to cancel any web services. Written notice must be sent to The Futurity Group, 13-A NW Barry Road #195, Kansas City, MO 64155. We will acknowledge receipt of such cancellation to you via email to the address we have on file.

8. Indemnification by the Customer

8.1. You, the Customer, shall indemnify and hold harmless The Futurity Group and all its subsidiaries and affiliates against any and all liability, loss, damage and expenses (including legal expenses), whatsoever arising directly or indirectly (which shall include consequential and indirect loss, loss of revenue profits, data, contracts, goodwill and anticipated savings) (all of which are referred to as "Damages") from any of your acts or omissions, including those of your employees, agents or sub-contractors, other persons you authorize to use the Services, or persons who use or access the Services without authorization as a result of your action or omission (each, a "User") including without limitation, any breach by you of any of these Terms, or any content maintained, stored or transmitted by you in connection with the Services provided to you by The Futurity Group.

8.2. You are liable for the actions of all Users, including the failure by any User to perform or observe these terms and conditions.

9. Rights of Non-business Customer

9.1. The following provisions shall apply if you are subscribing to the Service for your non-business-related use: You represent and warrant that you are at least 18 years of age.

9.2. Despite the date(s) in the Agreement for Service (if any), you agree that we may supply the Service at any time before such agreed dates.

9.3. You may address any complaints or inquiries which you may have to us at Management@futuritygroup.com.

10. Suspension of the Service and Force Majeure

10.1. Without prejudice to our right to terminate the Service under the applicable provisions, we reserve the right to suspend any of the Services (a) if you breach any of your obligations under these Terms and fail to correct the breach within three (3) business days notice by us, or (b) immediately, without notice, if we receive a complaint from a third-party alleging that or if we believe that you are using the Services to store, maintain or transmit any Offending Materials, or if we receive a notice from a governmental authority that you may be using the Services in violation of any law in the applicable jurisdiction, or if you are engaging in any action which is in violation of any provision of Section 5 above.

10.2. If after suspension of a Service, we receive written confirmation that a third-party complaint has been resolved, we may reinstate the Service.

10.3. We may also suspend the Services for operational reasons such as repair, maintenance or improvement of the network.

10.4. If either party is unable to perform any obligation under these Terms because of a matter beyond the reasonable control of the party ("Force Majeure") such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving either of the party's employees), or acts of local or central Government or other competent authorities, or act or omission of suppliers, including but not limited to an act or omission of telecommunication suppliers, such party will have no liability to the other for that failure to perform.

10.5. If any event of Force Majeure continues for more than sixty (60) days either of us may terminate the Service after providing written notice of the intent to terminate as permitted under Section 11 below.

11. Duration and termination

11.1. The term of the Service shall be on a month-to-month basis, or on an annual basis depending on the initial term you agree to.

11.2. The Futurity Group may terminate this Service at any time. With respect to payments, we may terminate immediately and without notice if you fail to pay any Charge or costs owed by the date the payment is due. For any other termination, we may terminate the Service with ten (10) days of written notice of such termination.

11.3. You may terminate this Service if we breach any of our obligations in any material respect and fail to correct and remedy such breach within fifteen (15) days of receiving written notice from you describing the breach.

11.4. If we terminate this Service, all amounts due shall immediately become due and payable in full, even though our obligations to render the Hosting Services to you will terminate. If we terminate this Service  in accordance with this Section 11, we will reimburse you a pro-rata rebate of any pre-paid Charges, other than set-up fees and charges and domain registration fees and charges which are non-refundable, based on a proportion of the Service term remaining. Otherwise, we will have no liability to you for such termination. If we terminate the Service, we reserve the right to seek other remedies we may have under these Terms and at law.

12. Warranties and limitation of liability

12.1. All warranties, conditions, undertakings or terms, express or implied, written or oral, statutory or otherwise, in respect of the Service are excluded to the fullest extent permitted by law.

12.2. You acknowledge that the Charges are determined and we would not be willing to provide the Services except on the basis of the exclusions from and limitations of liability contained in these Terms. You expressly agree that these exclusions and limitations are commercially reasonable.

12.3. You agree that, to the fullest extent permitted by law and except as noted in this Section 12, your sole and exclusive remedy against us for any claim, whether arising out of contract, tort, misrepresentation or otherwise, will be to terminate this Service and receive a pro-rata payment of any pre-paid Hosting Charges as noted under Section 11.4 above.

12.4. You further agree that in no event shall our liability with respect to any event or series of events or connected events arising out of or relating to this Service exceed in aggregate the pro-rated monthly charges payable by the Customer during the two (2) months (or where applicable, such other shorter period of time) preceding such event.

12.5. Except as otherwise noted in this Section 12, you agree that we have no liability to you for any direct or indirect, consequential, punitive or incidental damages of any kind. This limitation includes (by way of example only) damages resulting from loss of production, profits, business data, operation time, goodwill, contracts, revenues or anticipated savings arising out of or resulting from the Services being offered. This also means that, except as noted in this Section 12, you have waived any claim against us and we will have no liability for any losses you may incur as a result of any delay, failure or error in the transmission of information or interruptions or deterioration of the quality of the Service.

12.6. You shall have no right to make a claim against us (and you are hereby waiving all such rights) except where you notify us in writing of the circumstances giving rise to such claim within two (2) months and issue legal proceedings against us within twelve (12) months of the date that you know or reasonably should have known of your right to bring such a claim.

12.7. This Section 12 shall survive the termination of the whole or a part of these Terms.

13. Dispute resolution

You agree that before you resort to any third party relief (including the courts), you will attempt to resolve the dispute by notifying us by electronic mail or registered post of your complaint. For our part, we agree to review such complaint and notify you in writing of our findings within 30 days following the receipt of your notice.

14. Governing law and jurisdiction

These Terms and Conditions shall be governed by the laws of the State of Missouri. You agree to submit any and all disputes arising out of or relating to the Service to the exclusive jurisdiction of the courts of the state of Missouri. You further agree to not request removal of any dispute arising out of or relating to the Services to the federal courts.

15. Changes to the Terms

15.1. The Futurity Group may, at any time, change the Charges for the Service and amend or modify any of the terms and conditions for the provision of the Service. It is your responsibility to visit this page on a regular basis to review these pages for any changes that have been made.

15.2. Such changes, amendments or modifications will take immediate effect. If any material modification to the terms of the Service is not acceptable, you may terminate the Service by giving The Futurity Group at least thirty (30) days written notice. You may not however terminate the Service under Section 15.2 above if such modifications, changes or amendments to the terms and conditions of the Service are made in order to comply with any law or regulation or other requirement applicable to or imposed upon The Futurity Group by any competent authority. The continued use of the Service following the expiry of the notice of modification shall be conclusively deemed acceptance of the changes, amendments or modifications and your right to terminate shall end.

16. Miscellaneous

16.1. If any provision of these Terms is held to be unenforceable, illegal or void in whole or in part the remaining portions of the Terms shall remain in full force and effect.

16.2. Any notices shall be sent to the addresses shown in our Accounts ledger.

16.3. You may not assign this Service, or assign your rights or delegate your obligations under these Terms without our written consent. We may, at our discretion, assign this Service and our rights and delegate our obligations under these Terms to any of our affiliates or to any company that acquires our business or assets, or to other third-party entities as we deem necessary.

Copyright © 2000-2007 The Futurity Group, Inc. All Rights Reserved.