Effective Date: This Terms of Service was last updated on February 20, 2008.

420 Design ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").

420 Design reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether 420 Design has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.

Contact Information

You agree to provide 420 Design with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to 420 Design in order to receive or to continue receiving services. Further, you agree to provide 420 Design with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

Payments and Fees

Establishment of this service is dependent upon receipt by 420 Design of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard) or PayPal. Check or money order payments are allowed for clients who pay on a semi-annual or longer basis. Clients are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders, should be sent at least 3 days prior to the invoice due date to help ensure that the payment is received by 420 Design in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with The Company. If a check is returned for any reason, the account will be assessed a $40 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 5 P.M. Pacific Time the following business day, the account will be suspended until payment is received and will be subject to regular reconnect fees. Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectible by 420 Design may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a Processing and Collection Fee of not less than $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.

Refunds

In order to properly receive a refund, you must send us a notice fifteen (15) days within your first month of service. Refunds are not to be given if TOS is violated in any way, shape or form. Refunds are given at the sole discretion of 420 Design. Please note that any control panel licensing fee are non-refundable under any circumstances.

Account Cancellation

Client must submit service cancellations by opening a ticket through our billing system at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our billing system. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

Bandwidth

Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. 420 Design will monitor Client's bandwidth usage and will provide graphs of bandwidth usage for Client to review in the client’s control panel. 420 Design shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, suspension, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in 420 Design’s sole and absolute discretion. 420 Design believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable.

Bandwidth usage is measured on a monthly basis. Both incoming and outgoing traffic are counted.

In the event that a customer exceeds the included allocation, 420 Design may, at its sole discretion, collect a deposit in the amount of $0.75 per GB for the projected overage for the month, immediately against customer's credit card on file with 420 Design.

Client agrees to pay 420 Design any additional fees for bandwidth overages within 15 days of the invoicing period at a rate of $0.75 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within 15 (15) days of invoicing will subject the services to suspension.

Unused bandwidth allocations cannot be carried over to future months, or applied to other accounts.

Spam and Unsolicited Commercial Email (UCE)

420 Design takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of 420 Design may not use or permit others to use our network to transact in UCE. Clients of 420 Design may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

• Violation of 420 Design’s email policy, as outlined in the Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, 420 Design will initiate an immediate investigation (within 48 hours of notification). During the investigation, 420 Design may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, 420 Design may, at its sole discretion, restrict, suspend or terminate customer's account. Further, 420 Design reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. 420 Design will notify law enforcement officials if the violation is believed to be a criminal offense.
• First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $95 per hour that 420 Design personnel must spend to investigate the matter.

Refunds and Disputes

All payments to 420 Design are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in 420 Design’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay 420 Design an "Administrative Fee" of not less than $75 and not more than $200.

Suspension of Service

Customer agrees that 420 Design may suspend services to Customer without notice and without liability if:

• 420 Design reasonably believes that the Services are being used in violation of the AUP;
• Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
• 420 Design reasonably believes that the suspension of Service is necessary to protect its network or its other customers, or
• as requested by a law enforcement or regulatory agency.

Customer shall pay 420 Design's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

Damages

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.

420 Design is not responsible for any damages your business may suffer. 420 Design does not make implied or written warranties for any of our services. 420 Design denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by 420 Design servers.

Backup Copies

Customer agrees to maintain and require its end users to maintain a current copy of all content provided to or hosted by 420 Design notwithstanding any agreement by 420 Design to provide back up services. All account data backups is the account holder's responsibility. 420 Design is NOT responsible for your data backup or subsequent loss.

Non-Waiver

Client agrees that 420 Design’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by 420 Design of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice 420 Design from exercising thereafter the same or other rights, remedies, or options.

Force Majeure

You agree that 420 Design 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 occurrences beyond its control whether or not similar to those listed above.

Miscellaneous

We reserve the right to refuse service to anyone at any time for any reason.

The Company is not responsible for data integrity on equipment reclaimed for non-payment.

Anything not explicitly stated in this TOS is subject to interpretation at 420 Design’s sole and absolute discretion.

You, as 420 Design’s client, are solely responsible for the content stored on and served by your 420 Design service.