Terms of Service

Last updated: June 15, 2023

From everyone at CowPunch Sites, we thank you for using our services! Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to CowPunch Sites. When we say “Services”, we mean any product / service created and maintained by CowPunch Sites. That includes all services provided by CowPunch Sites, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service in the future. Whenever we make a significant change to our policies, we will also announce them via email.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, and keeping an open door to support@cowpunchsites.com.

Account Terms

You are responsible for maintaining the security of your account and password for your customer hub. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Services for any purpose outlined in our Use Restrictions policy.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
All websites are allotted 200 GB of bandwidth and 4GB of storage. If you exceed this number, we’ll reach out to the account owner and discuss additional options before taking any action, except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

How We Work With Clients

We do our best to accommodate client needs. To help you understand how our processes work you can view How We Work With Clients.

Payment, Refunds, and Plan Changes

Your account will be charged monthly, on the same day of the month as your original payment, when possible
At the beginning of your subscription you can expect to see an additional one-time setup fee of $25
Your account charges will show up on bank statements as CowPunch Sites
You can request a different billing date if needed
1. We will prorate or add a charge where necessary based on the new billing date.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.
In the scenario of a missed payment due to insufficient funds or in valid forms of payment we will handle this in 3 steps:
1. We contact you to remedy the scenario
2. After 30 days, website will be suspended
3. After 60 days, website files will be removed from the server
We don’t offer refunds due to the low ticket price of our service.
1. At the end of the day, nearly everything comes down to a case-by-case basis. Send a note to support@cowpunchsites.com, tell us what’s up, and we’ll work with you to make sure you’re happy.

Cancellation and Termination

All cancellation requests must be done via the email you used to signup for your account. We use this as proof of cancellation. You will need to email cancellation requests to support@cowpunchsites.com.
Your cancellation will take effect at the end of your current billing cycle (we do not prorate or offer refunds). At that point, your website will be taken down, and you will not be charged again. Within 30 days, all content will be permanently deleted from active systems and logs. We cannot recover this information once it has been permanently deleted.
If you want to export any data before your account is cancelled there will be a one-time $500 charge. You website will be delivered via a Backup Buddy export file and will be your reasonability to re-install.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Legal Disputes

Except as otherwise specified below, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the “Disputes”), will be subject to and resolved by binding arbitration pursuant to the Arbitration Rules of U.S. Arbitration & Mediation, (www.usam.com). Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, which includes within the federal judicial district of the residence of the party against whom such award or order was entered. (In other words in the unlikely event we have a disagreement that cant be settled we will use arbitration to solve it. It will save everyone money)

Modifications to the Service and Prices

We make a promise to our customers to support our Services to the best of our abilities. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
When you use our Services, you entrust us with your data. We take that trust to heart. You agree that CowPunch Sites may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
In the event of an error or critical error due to a conflict in software used to build your website we will 1st attempt to resolve the error if that ends up unsuccessful we will upload the most recent backup of your website.
Occasionally servers will need to be updated or restarted which can result in downtime. This is a rare occurrence. Due to the fact that we use a 3rd party server for hosting we cannot guarantee a specific amount of uptime
In the event of malware detected we will 1st attempt to remove the malware and clean all infected files. In rare cases that the malware cant be completely removed / cleaned we will reinstall the most recent backup of your website.
To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches CowPunch Sites for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If CowPunch Sites is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. If you would like to see the complete list of third-party vendors, we’re happy to provide it upon request.
Under the California Consumer Privacy Act (“CCPA”), CowPunch Sites is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission (excepting the case of company acquisition). And, on the flip-side, you agree to comply with your requirements under the CCPA and not use CowPunch Sites Services in a way that violates the regulations.

Copyright and Content Ownership

All material you provide to us for use in the Services must comply with U.S. copyright law.
We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please support@cowpunchsites.com.com requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
We sometimes use third party image sources to create your custom website. We comply with all of their licensing requirements. You are also required to comply with the terms for images licensed from Envato Elements & Freepik. To make it easy, don’t resell their stuff and you won’t have a problem 🙂 .

Search Engine Indexing Terms

For new CowPunch subscribers with an existing website:

Your existing website you may indexed in various search engines (i.e. Google) and ranked for certain keywords. We will take every precaution to maintain those rankings as we redesign your pages and migrate your website over to our hosting. We follow the list of best practices that Google itself has provided, which can be found here. Unfortunately, even with every precaution being taken, we can not guarantee search engine rankings will stay the same. Even so, at this time, we have yet to experience this issue.

Features, Bugs, and Satisfaction

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

If you are not happy with your website we will work with you to create something that you do like. If, after multiple revisions, you are still unhappy, we can work toward an amicable solution.

We also test all of our features extensively before making them live. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms, but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (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 Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please support@cowpunchsites.com.