Freelance Computers may revise our Terms and Conditions at any time, without prior notice by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
Please read these terms and conditions carefully before ordering any Services from Freelance Computers. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
Freelance Computers reserves the right to refuse service and/or access to its servers and/or services to anyone.
Freelance Computers does not allow any of the following content to be stored on the hosting servers:
1. Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.
2. Refusal of service based on content matching either of these two criteria is entirely at the discretion of Freelance Computers.
Freelance Computers reserves the right to move your data to a different hosting server with no previous notice.
Freelance Computers will act as quickly as possible in the event of any downtime with your website that has been brought to attention by either the website hosting company or the Client.
Freelance Computers has access to log files enabling us to monitor bandwidth use, file access and other statistics, this data assists us to offer support on slow website loading, hacks and spikes in bandwidth.
Freelance Computers cannot be held responsible for any downtime with your website hosting service and subsequently loss of business due to not being able to view the Clients website.
Should you allow your website hosting services to expire, and subsequently your websites is removed from the hosting servers we use, Freelance Computers are not liable to restore your website on any other servers or re-enstate your website on the hosting servers we use at our cost.
Domain Name Registration
Freelance Computers will be registered as the ’Registrant’ for all domain name registration requests, this is to safeguard Freelance Computers against non-payment of a domain name unless paid for in full before the registration date. If you, the client, require the registered domain name ’Registrant’ to be changed to a different name a fee of £25.00 VAT is payable. This can only be changed once a domain name has been paid for in full.
Domain Name Renewal
If a domain name expires, any website that is currently being hosted for this domain name will be removed/suspended regardless of any time remaining on the hosting service. Freelance Computers are not liable to restore your website to its previous state. Please note that if a suspended domain name is reinstated it can take up to 5 working days for this request to be completed and the website/email back up and running again.
Freelance Computers cannot be held responsible for any downtime in your service and subsequently loss of business due to not being able to receive emails and downtime of the Clients website.
If the Client chooses not to pay the invoice for a domain name renewal and the domain name consequently expires, Freelance Computers reserve the right to change the contact details of the domain name so that Freelance Computers have control of the domain name. If the Client does not renew their domain name it could be made available to the public for purchase and Freelance Computers can not be held liable for this.
Domain Name Renewing – Expired Domain
If you have allowed your domain name to expire, either by deciding that you no longer want the domain name or have not paid the renewal invoice by the due date, you have a Grace Period window of 30 days in order to renew the domain name before it is released to the world. With .com domain names there is a ‘Redemption Grace Period’ which is from 45 days after the domain name has expired, running for 30 days, but the cost to renew an expired domain name during this period is significantly more.
Hosting Service Transfer and Domain Name Transfer
If the Client chooses to transfer Hosting away from Freelance Computers or transfer a Domain name away from Freelance Computers, a £50.00 VAT admin charge will be issued. No refund will be made for any outstanding subscription period that the Client may have left on the Hosting Services. If the Client chooses to cancel a Hosting Service with Freelance Computers no refund will be made for any outstanding Hosting Service subscription period. In order to transfer Hosting away or transfer the Clients domain name away from Freelance Computers, any invoices outstanding related to domain name renewals or hosting service(s) are to be settled in full before the transfer takes place.
If the Client does not renew their Hosting Service before the expiry date the website data and any emails stored on the Hosting Servers will be deleted and cannot be retrieved, Freelance Computers cannot be held responsible for the loss of data. If the Client chooses to re-instate their hosting service after it has expired a charge will be issued in order to re-instate the website and emails back to the original settings based on a per-hour fee. CMS websites generally take 4 hours to restore completely.
Electronic Mail (e-mail)
Freelance Computers reserve the right to check e-mail/webmail system when errors or issues may arise or if requested by the domain name owner and to monitor e-mail throughout this period. Freelance Computers shall not be liable for the protection of the privacy of e-mail. Due to the public nature of the Internet, Freelance Computers shall not be liable for the protection of the privacy of e-mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any e-mails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, the Hosting Servers.
Electronic Mailing lists and bulk e-mail send
A limit of 1,000 e-mails per 12 hours is the maximum amount of e-mails that can be sent per domain name account. Please note that we do not tolerate unsolicited email, any customer who abuses this facility will have their account terminated and will be billed £750 VAT.
Mailprotector/Cloudprotect Hosted Exchange Email
If you cancel your Mailprotecor Exchange email services or do not renew by the due date stated on your invoice, any data that is held on the Mailprotector Servers in relation to your Exchange email will be immediately and permanently deleted. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your service or choose to not renew your service before the expiry date stated on your invoice. Freelance Computers shall not be liable for any data that may be lost if a service is canceled or not renewed before the expiry date, a refund will not be issued for the remaining period of the Service subscription.
Mailprotector/Cloudprotect Hosted Exchange Email – Monthly Service
A monthly Mailprotector service must be paid for by standing order on 1st of each month. If a standing order has not been setup then payment must be paid by the due date on the invoice, failure to make payment by the due date will result in downtime with your service. If payment has not been made for any reason you will have a 10 day grace period before the Mailportector services are suspended, if payment has not been made by 28 days overdue, then the services will be canceled and all email data will be removed from the Mailprotector servers, which is non-recoverable. A refund will not be issued for the remaining period of the Service subscription.
Please note that Freelance Computers are not responsible for any loss of email data should you allow your service to become 28 days overdue.
As an administrator for Mailprotector products and services and as a managed service by Freelance Computers, we have access to log files for mail flow, blocked email as Spam, Policy Spam and Virus attached emails. This enables Freelance Computers to provide support, release certain policy Spam that should not have been blocked, on user request, and monitor email flow to and from email servers for email delivery support.
Website Design Payment
Freelance Computers require 50% of the total cost of the website as a ’deposit’ to start work on your website, this is a non-refundable deposit. The remaining 50% is payable 48 hours before the website goes live, or at the point that the Client starts to actively add their own content to the website in preparation for going live. Once a website deposit has been paid and the website project has been started, the client is contractually liable for the full 100% total website cost, regardless if they decide to go live or not.
Freelance Computers reserves the right to remove any website design work carried out that has not been paid for, this includes any updated pages or alterations that have been requested. Freelance Computers are not liable to restore the Clients website to a previous state, a charge will be made for the time it takes to restore the Clients website on a per hour or their part of the basis. Freelance Computers hold all rights to the design, layout, and code of all website designed unless stated otherwise. Open Source Software is not owned by Freelance Computers or the Client. No unauthorized duplication or distribution is permitted, a copyright statement is embedded into each page designed and must remain intact.
It is the Client’s responsibility to check with Freelance Computers whether Open Source Software is being used or not.
Prior to any website reaching the ‘live’ phase, a presentation of the site is carried out. This is carried out usually with 2/3 involved parties. The object of this phase is to discuss the design, mechanics and layout of the site, giving the opportunity to discuss any amendments required.
The interim stage is the time between the demonstration and the live stage. This in general terms is approximately 2 weeks but can be agreed mutually by designer and client. This interim phase gives clients the opportunity to look at the website, in their own time and to discuss with all parties who were not present at the Demonstration Phase. Any minor tweaks and change requests arising during this phase will be carried out, to get the site ‘live’ ready. Depending on the changes involved, there may be some costs incurred.
Once the website has reached its live phase, any further change requests will be chargeable.
CMS Websites – License
Freelance Computers use some components, modules, plugins, and applications that are licensed to Freelance Computers. If you choose to move your Joomla or WordPress website away from Freelance Computers a charge will be made to purchase new licenses for these components, modules, plugins or application should they be required.
CMS Websites – Client Administration Area
Clients have ’Manager’ access rights to the administration area of the website only, this gives the client control over the content of the website in terms of articles, blogs, image galleries. If the website contains special applications or newsletter integration then the client will also have access to these sections. Clients are not permitted to alter the design, layout or style of the website. Clients are not given ’Super Admin’ access to the website administration area. Clients are not permitted access to the template layout of the website administration area. Clients are not permitted access to the Global Configuration section of the administration area. Clients are not permitted to install new components, modules, plugins or applications to the administration area.
Live Google Maps
Due to the change in legislation with Google Maps API as of 11th June 2018, whereby Google are now charging for using their maps on websites, which has been a free service for over 16 years, Freelance Computers/Webxdesign are not liable for the associated costs for using Google Maps on any website that Freelance Computers/Webxdesign has designed or hosts.
Social Media API Integration
Facebook, Twitter, Instagram, YouTube and Linked all stream feeds to websites Freelance Computers build by certain 3rd party plugins that have been installed into the website. If these social media platforms change the way they allow plugins and websites to access API’s, and the feeds stop working, this is out of the control of Freelance Computers/Webxdesign and Freelance Computers/Webxdesign are not liable to find another solution at cost, for any website that Freelance Computers/Webxdesign has designed or hosts.
Whilst every precaution is taken to protect your website, new malware and viruses are being created every day which could cause issues with your website, Freelance Computers are not responsible for fixing websites that have been hacked, and are not liable for any information that may be lost. Freelance Computers will help restore your website to a previously backed up state, a charge may be applicable for this service. It is the client’s responsibility to back up their website on a regular basis. An automated website backup and security service are available as an additional service, please contact Freelance Computers for more information on this service.
Where images used on the website have been purchased by Freelance Computers on behalf of the Client, these images are strictly for use on the website only. Freelance Computers are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
Freelance Computers are not required to create and send a complete copy of your website as part of the website design/hosting package. If you require a complete copy of your website in the form of a complete folder or a zipped file, so that you may move your website to a new hosting server, a charge of £204 VAT will be made to deal with this request. Freelance Computers reserve the right to refuse the release of a website if it has not been paid for in full.
Search Engine Optimisation
SEO work is governed by many factors which are outside the direct control of Freelance Computers and indeed, any other SEO company. Therefore no reputable SEO company can guarantee particular results. Freelance Computers, however, guarantees an improvement in a client’s website organic search engine results provided all of Freelance Computers advice is followed. Any invoices raised for SEO services are non-refundable, due to the nature of the work carried out.
If you took out a Basic SEO Package at the beginning of a new project, with Freelance Computers, we will add features to aid the initial optimisation of your website. Once the website has been finalised and has gone live, future SEO is managed by the client by use of the included Yoast SEO plugin (WordPress websites).
Website Training – CMS Websites
Website training is charged on a per 30minute basis. Training is carried out at our premises in Warfield. Website training that is included in the original website cost is to be utilised within 3 months of the website going live. Website training not utilised during this time, we regret is forfeited.
EU Cookie Law
Freelance Computers are not responsible for any websites created prior to 26th May 2012 that do not comply with the new EU Cookie Law. It is the client’s responsibility to make sure that their website complies with this new EU Cookie law. Freelance Computers are not liable for any websites created that do not comply with the EU Cooke Law
Freelance Computers reserve the right to suspend a website with immediate effect if there is a dispute over the design, layout, code, copyright or payment. Freelance Computers are not liable for loss, damage or corruption to files or information stored on the Hosting servers or individual PCs relating to a Client’s website.
Website FTP access
Freelance Computers reserve the right to limit FTP access to the website, FTP access is available at an additional cost and certain areas of the access can/will be limited to the Client.
Changes & Updates To Websites
If changes and update to your existing website have been requested and are not paid for by the due date stated on your invoice, Freelance Computers reserve the right to remove these changes and updates.
Freelance Computers are not liable for any software installed on your PC that is not legal or licensed, it is the users responsibility to make sure that all software is legal and paid for where licenses are due, any violation against software is at the users risk and not placed upon Freelance Computers, even if Freelance Computers have been requested to install the software on the clients behalf.
Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.
In situations where payments for hosting service(s) or domain name registration/renewals are past the due date, Freelance Computers reserves the right to immediately suspend these services.
Invoices that state ’Deposit’ or ‘Staged Payments’ are non-refundable.
Staged payments are non-refundable and are to be paid by monthly standing order, as outlined on the staged payment invoices. If a staged payment is not paid by the due date stated Freelance Computers reserve the right to suspend any work being carried out on the website, and or if the website is live, reserve the right to suspend the website until payment has been made.
In no event shall Freelance Computers or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services supplied by Freelance Computers including, and not limited to our ‘Remote Support Service’.
Your Personal Details
Please note that whilst your email is primarily used for billing purposes, Freelance Computers reserves the right to email you information about enhancements to our services and product offerings.
We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Freelance Computers may use for the purposes of delivering specific services to you (e.g. customer support).
Cancellations & Refunds – Hosting Service & Domain Names, Mailprotector Services
Freelance Computers reserves the right to cancel the service at any time. In this event, the Client will be entitled to a pro-rata refund based upon the remaining period of Hosting Service. Mailprotector/Cloudprotect services are non-refundable. If the Client contravenes Freelance Computers terms of service a refund will not be issued in the event of a cancellation. If the Client chooses to cancel the service for whatever reason a refund will not be issued for the remaining period of the Service subscription. Domain name registrations or renewals are not refundable.
Customer agrees that it shall defend, indemnify, save and hold Freelance Computers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Freelance Computers, 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
Customer agrees to defend, indemnify and hold harmless Freelance Computers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Freelance Computers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Freelance Computers hosting service.
Freelance Computers uses services from third party companies in order to register domain names, renew domain names and to host domain names/website’s, the customer must comply with all terms and conditions/disclaimers of these third-party companies, these terms and conditions can be supplied on request.
Freelance Computers will not be responsible for any damages your business may suffer. Freelance Computers makes no warranties of any kind, expressed or implied for services we provide, which includes our ‘Remote Support’ service.
Freelance Computers does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Freelance Computers cannot guarantee to be able to replace lost data.
Freelance Computers 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 Freelance Computers and its employees.
Freelance Computers reserves the right to revise its policies at any time without notice.
As a UK partner for Mailprotector Products & Services, these are Mailprotector Terms & Conditions for their services and products
1. Services provided
Provider agrees to provide electronic messaging and or collaboration services including virus protection services and electronic messaging filtering services and/or Hosted Exchange services (the “Services”). Services may also include communications from Provider, including, but not limited to announcements, administrative messages, newsletter, advertisements and such communications. You may not be able to opt out of receiving these items. Features, services or other items subsequently added to the Services shall be subject to the Service Terms.
Provider reserves the right at any time to modify or discontinue the Services, or any part thereof, without notice. You agree that Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
2. Your duties
You may receive a password and user ID for use with the Services. Please keep the password and user ID confidential, as you are responsible for all activities that occur using your password or account. In the event that you believe that unauthorised use of your account or password is occurring, you will immediately notify Provider.
You agree to comply with our general business terms, listed here, and in our online Help Center, and also with our Acceptable Use Policy.
3. Hosted Exchange Server Availability
Provider will use commercial best efforts to provide its Hosted Exchange Customers with 99.9% Exchange server availability measured on a calendar month basis. To ensure optimal performance of servers, Provider will perform routine maintenance on the servers which may require servers to be periodically removed from service. Provider reserves one hour of server unavailability per month for such maintenance purposes and such unavailability will be excluded from uptime calculations. Whenever possible, maintenance will be performed during off-peak hours and Provider will provide advanced notice.
Under certain circumstances, Provider may need to perform emergency maintenance such as security patch installation or hardware replacement. It is not practical to provide advance notice of such emergency maintenance procedures. Server unavailability stemming from such emergency maintenance will be excluded from uptime calculations.
Provider cannot guarantee availability under any of the following circumstances:
- Internet congestion
- Terrorist Attack
- Acts of God
You agree to indemnify and hold Provider, and its subsidiaries, affiliates, officers, agents, or other partners and employees harmless from any liability or damages, including reasonable attorneys’ fees, made by any third-party due to or arising out of Material you submit, post, transmit or make available through the Services, your use of Services, your connection to the Services, your violation of the this Agreement, or your violation of any rights of another.
5. Use & Storage
Provider may store electronic messages and other Material for a maximum number of days upon expiration of which they may be deleted. Provider may also designate a maximum disk space per user, which, if exceeded, may result in Materials being deleted or the inability to use the Services. You agree that Provider has no responsibility or liability for deletion of any Materials including messaging or other communications.
6. Hosted Exchange Backup & Retention Policy
Provider’s servers are configured to allow recovery of deleted mailboxes or mailbox items for a period of 30 days. If a user deletes an item from their mailbox the system will let them restore it via Microsoft Outlook®. Deleted Item/Mailbox retention allows clients to recover data after they execute a delete command against an individual mailbox or individual mailbox item.
Provider uses industry standard daily backups of all system configurations and each mail store to provide disaster recovery for a period of 7 days. These backups are maintained in order to provide quick and accurate recovery if a mail store becomes corrupted or fails for another reason. This protects the customer in the event Provider suffers a system failure or other event that requires the recovery of an entire mail store. Provider will not be responsible for retaining any of your data after account termination. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up intervals. Provider will not restore, provide on any storage media or send out any data pertaining to terminated accounts.
Provider, in its sole discretion, may terminate your password, account or use of the Services, and remove and discard any Material within the Service, for any reason, including, without limitation, lack of use, violation of this Agreement, or any guidelines or policies. You agree that any termination of your access to the Services under any provision herein may be without notice and agree that Provider may immediately delete your account and all related information and files in your account, and prevent future access to Services.
8. Proprietary Rights and Intellectual Property
The Services and any software used in connection with the Service, (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Provider grants a personal, non-transferable and non-exclusive license to use the object code of Software on a single computer without the right to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may not modify the Software in any manner or form, or to use modified versions of the Software. In addition, you hereby accept all applicable third-party license terms made available at the following URL: https://mailprotector.com/third-party-terms/
“VIRTUAL CONNECT TECHNOLOGIES”, “MAILPROTECTOR”, “CLOCKWISE”, “MAKE CONTACT”,”THE SAFE MESSAGING ALLIANCE”, “SIMPLY SECURE.”, “MPPARTNERS”, and Provider’s Logos are trademarks or service marks of the Provider. You may not use these or any other Provider trademark or service mark without written permission from Provider.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SERVICE TERMS. PROVIDER ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, INABILITY TO CAPTURE ALL VIRUSES, INABILITY TO FILTER ALL SPAM, MIS-DELIVERY, DELAY, OR FAILED DELIVERY OF ELECTRONIC MESSAGES DUE TO FILTERING OR FAILURE TO STORE ANY COMMUNICATIONS.
10. Limitation & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS DUE TO COMPUTER VIRUS INFECTION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11. Notice & Communications
Notices to you may be made via either email or regular mail and are deemed effective 24 hours after the next business day from the date of the transmission.
The Provider welcomes the use of electronic mail (e-mail) for sending and receiving information. However, e-mail is not a secure form of communications and should not be used to transmit sensitive, confidential or private information. Therefore, the Provider does not treat e-mail as confidential, private or sensitive.
Any material, information, or idea submitted or posted on this website will be considered non-confidential and non-proprietary. The Provider may use such information for any purpose whatsoever, without royalties. Personal data will be treated as set forth in our Privacy Statement.
12. Jurisdiction & Choice of Law
This agreement and all claims or issues shall be governed according to the laws of the State of South Carolina without regard to its choice of law principles.
Any legal action by you concerning these terms or this website must be brought within one (1) year after the circumstances that give rise to the claim or cause of action arise and must be brought in the federal or state courts in Greenville County, South Carolina. You irrevocably submit to venue and personal jurisdiction in Greenville County, South Carolina.
If Provider initiates legal proceedings to collect any fees that are due, or to enforce these terms, you agree to pay Provider’s legal costs and expenses, including reasonable legal fees.
This agreement and its attachments constitute the entire agreement between you and Provider and governs your use of the Service, superseding any prior agreements between you and Provider. The failure of Provider to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the this agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect. The section titles in this agreement are for convenience only and have no legal or contractual effect.