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Terms of Service

WEB SITE TERMS OF USE

These “Terms of Use” set forth the terms and conditions that apply to your use of reliablepenguin.com (the “Web Site”). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.

Copyrights and Trademarks

A.         All materials contained on the Web Site are Copyright May 8, 2011, Reliable Penguin, Inc.. All rights reserved.

B.         No person is authorized to use, copy or distribute any portion the Web Site including related graphics.

C.         Reliable Penguin, Inc. and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify Reliable Penguin, Inc. and the goods and/or services provided by Reliable Penguin, Inc.. Such marks may not be used under any circumstances without the prior written authorization of Reliable Penguin, Inc..

Links to Third-Party Web Site

Reliable Penguin, Inc. may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. Reliable Penguin, Inc. does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Reliable Penguin, Inc. does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Reliable Penguin, Inc. will have no liability to any entity for the content or use of the content available through such hyperlink.

No Representations or Warranties; Limitations on Liability

The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Reliable Penguin, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

Changes to These Terms of Use

Reliable Penguin, Inc. reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to Reliable Penguin, Inc. with any questions relating to these Terms of Use at support@reliablepenguin.com.

Additional Terms & Conditions

The following additional terms and conditions apply to all services provided by Reliable Penguin unless explicitly overridden by another contract.

Excluded Services
Under no circumstances will programming or web site/server migration services be provided on Per
Incident or Monthly support plans.

Third Party Services

If Reliable Penguin purchases 3rd party services for the customer, unless stated elsewhere, a 25% markup
will be applied.

For example if the Customer directs Reliable Penguin to register a domain name, then Reliable Penguin
will charge the customer the cost of the registration plus a 25% markup.

Payment
Payment for services must be made in US dollars and can be remitted by check, credit card, PayPal, or wire
transfer. A surcharge of 5 percent per month will be assessed against any late payment. A $50.00 US fee
will be assessed for any returned check. All monetary amounts referred to in this document are in United
States dollars.

Confidentiality
Reliable Penguin, Inc. agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any
confidential information with respect to the business of the Customer, which Reliable Penguin, Inc. has
obtained, except as may be necessary or desirable to further the business interests of the Customer. This
obligation will survive indefinitely upon termination of this Agreement.

Return of Property
Upon the expiry or termination of services, Reliable Penguin, Inc. will return to the Customer any property,
documentation, records, or confidential information which is the property of the Customer.

Independent Contractor
It is expressly agreed that the Reliable Penguin, Inc. is acting as an independent contractor and not as an
employee in providing the Services under this document. Reliable Penguin, Inc. and the Customer
acknowledge that this document does not create a partnership or joint venture between them, and is
exclusively a contract for service.

Use of Descriptions of Services for Promotional Purposes
Customer grants Reliable Penguin, Inc. the right to use descriptive text, testimonials, performance metrics,
and other images, photos, and/or graphics that demonstrate the Services for promotional purposes, and/or to
cross-link such items with other promotional resources developed by Reliable Penguin, Inc.

Costs and Legal Expenses
In the event that legal action is brought to enforce or interpret any term of this document, the prevailing
party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and
fees associated with the action.

Limitation of Liability
It is understood and agreed that Reliable Penguin, Inc. will have no liability to the Customer or any other
party for any loss or damage (whether direct, indirect, or consequential) which may arise from the
provision of the Services.

No Responsibility For Loss
Reliable Penguin, Inc. is not responsible for any down time, lost files, equipment failures, acts of nature, or
any damage resultant from activities considered beyond the control of Reliable Penguin, Inc., such as war,
riots, natural disasters, vandalism, and other events.

No Responsibility for Theft
Reliable Penguin, Inc. has no responsibility for any third party taking all or any part of the Services or
Work Product, results of Services or Work Performed, or the improper use of any Services or Work
Product produced by Reliable Penguin, Inc. by any third party.

Indemnification
Customer warrants that everything Customer gives Reliable Penguin, Inc. in the execution or performance
of Services, or the creation of any and all Work Product is legally owned or licensed to Customer.

Customer agrees to indemnify and hold Reliable Penguin, Inc. harmless from any and all claims brought by
any third party relating to any aspect of the Services or Work Product, including, but without limitation,
any and all demands, liabilities, losses, costs, and claims including attorney’s fees arising out of injury
caused by Customer’s products/services, material supplied by Customer, or copyright infringement.

Titles/Headings
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting
this document.

Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and
include the feminine and vice versa.

Governing Law
This document and the performance under this document, and all suits and special proceedings under this
Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum,
by the laws of the State of North Carolina, without regard to the jurisdiction in which any action or special
proceeding may be instituted.

Dispute Resolution
In the event a dispute arises out of or in connection with this document the parties will attempt to resolve
the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted
to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving
the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration
in accordance with the laws of the State of North Carolina. The arbitrator’s award will be final, and
judgment may be entered upon it by any court having jurisdiction within the State of North Carolina.

Severability
In the event that any of the provisions of this document are held to be invalid or unenforceable in whole or
in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or
unenforceable parts severed from the remainder of this document.

Waiver
The waiver by either party of a breach, default, delay or omission of any of the provisions of this document
by the other party will not be construed as a waiver of any subsequent breach of the same or other
provisions.