WEBSITE HOSTING TERMS AND CONDITIONS and AMERICANS WITH DISABILITIES ACT (ADA) & HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
**You Must Read the Entire Agreement in Order to Accept**
- Sites that use over 2G of storage or have additional microsite domains will incur an additional $25 per month per microsite or for each additional G or portion thereof over 2G. Those fees will be added to the monthly subscription by Lifted Logic with written notice.
- If hosting payments fail for any reason, they will be automatically reattempted 3 times before website hosting will be suspended and the website will be automatically taken offline until payment information is updated within your account and payment is successfully processed.
- Until the Client has fulfilled all financial obligations as outlined in this Agreement, including the complete payment of all fees, the Client shall not be granted administrative access over the website developed by Lifted Logic. Lifted Logic reserves the right to suspend or withhold access to the website’s administrative features and any related credentials until such outstanding balances are settled in full. Upon full payment of all outstanding balances, Lifted Logic will provide the Client with the necessary administrative access and control of the website.
- Hosting fees are nonrefundable.
- Lifted Logic is not responsible for images, content, or claims posted on Client’s website by Client after website launch. This includes use of any use of any copyrighted images provided by Client, whether known or unknown that the images were copyrighted, and any costs and/or legal fees that are associated with use of such images.
- Lifted Logic is not responsible for any changes made to the website by Client.
- Lifted Logic is not responsible for website failure due to any of the following reasons: software installed on the website by Client, uploading extremely large files via PHP and FTP, any work completed by third parties, search engine blacklisting, and spam.
- Lifted Logic is not responsible for any penalties by search engines or lack of SEO performance incurred as a result of plagiarized content; content duplicated from any other domain; or content created by AI (Artificial Intelligence).
- Lifted Logic builds websites on the latest stable release of internet browsers including Microsoft Edge, Chrome, Firefox, and Safari, and the prior two stable releases. Lifted Logic is not responsible for compatibility issues on outdated browser versions or future browser releases.
- It is not the responsibility of Lifted Logic to renew Client’s domain name, and Lifted Logic is not responsible for Client’s website or emails going offline due to domain expiration.
- Lifted Logic is not responsible for a website going down due to any of the other following reasons: abuse or misuse of FTP, failure to pay website hosting, or Domain Name Server changes.
- Client may not use the site to publish material, which Lifted Logic determines, at its sole discretion, to be unlawful or indecent. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
- Lifted Logic does not allow storage and/or display of the following material or activities on its servers: illegal materials, adult content, copyright or trademark infringement, or distribution of viruses, spyware, or malware.
- Lifted Logic in no way warrants or guarantees encryption of data passed through the website as encryption functionality is solely provided by the SSL issuer.
- Should Client wish to cancel hosting their website with Lifted Logic, they may do so with 30 day written notice to support@liftedlogic.com, with the following steps being taken:
Step 1. Client’s account/project will need to be paid in full before a site will be transferred off Lifted Logic’s server.
Step 2. Client will register for a Standard Vimeo account, if applicable (https://vimeo.com/upgrade).
Step 3. Lifted Logic will provide a zip of all site files to Client.
Step 4: Lifted Logic will provide links to download all website videos from Lifted Logic’s Vimeo account.
Step 5: Client will be responsible for setting up their website on their new server, downloading all of their Vimeo videos, uploading all Vimeo videos into Client’s own Vimeo account, and replacing all video links within their website using the new URLs from their Vimeo account.
Once all of these steps are taken and the website and Vimeo videos have been deleted from Lifted Logic’s account, the monthly hosting subscription will be terminated.
AMERICANS WITH DISABILITIES ACT (ADA) and HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
Lifted Logic Farms, LLC, a Kansas limited liability Company (“Lifted Logic”) and (“Client”) are parties to a certain Hosting Agreement made as of today, upon completion of purchase.
- Services. Lifted Logic has provided or will be providing the Website services indicated under the Agreement.
- ADA Compliance. As part of such services, Client has the option of whether or not to pay for the Website services being compliant with the Americans with Disabilities Act (the “ADA”).
Compliance with the ADA requires constant monitoring due to changes in statutes, regulations, definitions, new technology, and numerous other interpretative rulings as to what is necessary in order to comply with the ADA. Lifted Logic utilizes a 3rd party service to provide ADA Compliance. - Online Monitoring. In order to be in compliance with ADA, the 3rd party ADA service may notify Client of any issues which it identifies of non-compliance with ADA. Use of such online monitoring services represents a relatively inexpensive means in order to achieve compliance. Lifted Logic does not provide these services.
- HIPPA Compliance. As part of such services, Client has the option of whether or not to pay for the Website forms being compliant with the Health Insurance Portability and Accountability Act of 1996, as amended, commonly known as (“HIPAA”).
- Disclaimer of Liability. Lifted Logic expressly disclaims any and all responsibility for insuring that the Website will be in compliance with ADA or with HIPPA at time of delivery and thereafter. The website will only be considered as in compliance with either ADA or HIPAA if Client purchases these add-ons and, for HIPAA, a BAA is signed between Lifted Logic and Client.
- Neither Lifted Logic nor any of its Officers, Directors, Members, Managers, Employees, Agents, Administrators, Affiliates, Insurers, Representatives, Attorneys, Successors, and Assigns shall be liable for any claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, deficiencies, interest, penalties, or attorney fees, and Client on its behalf, and on behalf of its Officers, Directors, Members, Managers, Employees, Agents, Administrators, Affiliates, Insurers, Representatives, Attorneys, Successors, and Assigns hereby waive any and all such claims or causes of action against Lifted Logic and its Officers, Directors, Members, Managers, Employees, Agents, Administrators, Affiliates, Insurers, Representatives, Attorneys, Successors, and Assigns for ADA or HIPAA non compliance.
- Indemnification and Hold Harmless. Client shall defend, indemnify, and hold harmless Lifted Logic, and its Officers, Directors, Members, Managers, Employees, Agents, Administrators, Affiliates, Insurers, Representatives, Attorneys, Successors, and Assigns, and any other related party from any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, deficiencies, interest, penalties, or attorney fees, on behalf of Client or any third party or any customer or any party using the Website relating to the absence, failure, or non compliance with the ADA or HIPAA as it exists at the time of the execution of the Hosting Agreement; at the time of the delivery of the Website; and the time of execution of this Indemnification and Hold Harmless Agreement, or any time thereafter.
- Waiver of Inconsistent Prior Terms. The parties acknowledge and agree that in the event any other document or terms and provisions of the Agreement and any other dealings or agreements between the parties are inconsistent with or contradict a term of this ADA and HIPAA Indemnification and Hold Harmless Agreement, that the terms of this ADA and HIPAA Indemnification and Hold Harmless Agreement shall govern and control in every respect.
- Assumption of Risk. Client acknowledges and understands that in the event that they fail to engage ADA or HIPAA services of Client as described above, that they assume all risk, whether known or unknown, anticipated or unanticipated, that may arise from non-compliance with ADA or HIPAA.
- Incorporation by Reference. All terms and provisions of the previous Agreement, not inconsistent herewith, are hereby incorporated and made a part of this Indemnification and Hold Harmless Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this Indemnification and Hold Harmless Agreement the day and year of this purchase.