The following applies to services and products offered by Sunset Rainbow, except where replaced/superceeded by specific terms bundled with the Sunset Rainbow software you purchase a license to use. Generally speaking, the following terms apply before delivery of a product/service while the product/service specific terms (if any) apply after.
Disclaimer of Warranty
The services, information or data (collectively, “Information”) processed by, received from, this web site are provided “AS IS,” without warranties of any kind. SR expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. SR shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, software, data, information, reputation, business, materials, charity, or asset, interests or material whether physical, virtual, imaginary or otherwise, resulting from the Information, or the lack of information available from the SR Web site. SR shall have no liability for:
Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
SR makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. SR makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.
For purposes of this section, “SR” shall include Sunset Rainbow, LLC, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
Concerning online services, including any subscription based services: Sunset Rainbow currently provides the Services to its customers for a monthly fee. Sunset Rainbow will provide web API service(s), provided, however, You abide by the terms and conditions set forth herein and in each of Sunset Rainbow’s policies and procedures here.
Charges for Custom Services
When Sunset Rainbow determines requested assistance falls out of the scope of the basic fee, additional charges shall apply, and Sunset Rainbow shall charge You on a one (1) hour incremental basis. Furthermore, when Sunset Rainbow determines additional fee(s) will be assessed for Your use of the Custom Services, Sunset Rainbow reserves the right to charge any or all of the fees prior to the commencement of any work being performed.
Custom Services and Third-Party Software
Additionally, in the event You elect to install or seek assistance from Sunset Rainbow in connection with the installation of any software, the following terms shall apply. You represent and warrant You have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless Sunset Rainbow and its employees, officers and directors for, from and against any and all claims brought against Sunset Rainbow and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party’s rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorney’s fees that a court awards and settlements incurred by Sunset Rainbow in connection with any such claims.
License of Web API code
Sunset Rainbow grants to You, and You accept from Sunset Rainbow, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet code to access web API functions in connection with Sunset Rainbow’s performance or enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, Sunset Rainbow shall attempt to provide the automated services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
1. equipment malfunctions;
2. periodic maintenance procedures or repairs that Sunset Rainbow may undertake from time to time; or
3. causes beyond the control of Sunset Rainbow or that are not reasonably foreseeable by Sunset Rainbow, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
4. interruptions (whether schedule or unschedule) caused by third parties providing services to Sunset Rainbow.
You agree Sunset Rainbow has no control of availability of the Services on a continuous or uninterrupted basis.
Concerning automatic subscription services: Upon the expiration of Your initial service term, Your service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to access Your Paypal Account and manually turn off the default renewal and Your failure to access Your Paypal Account and manually select to renew on a month-to-month basis shall be deemed acceptance of the renewal term.
Processing and Security
At all times, You shall bear full risk of loss and damage to any data processed by Sunset Rainbow. You are entirely responsible for maintaining the confidentiality of Your password, account information and other security keys. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your data processed, linked, transmitted through or stored by Sunset Rainbow. You shall be solely responsible for undertaking measures to:
1. prevent any loss or damage to Your data;
2. maintain independent archival and backup copies of Your data;
3. ensure the security, confidentiality and integrity of all Your data transmitted through or by Sunset Rainbow servers; and
4. ensure the confidentiality of Your password and other security keys.
Sunset Rainbow’s servers are not an archive and Sunset Rainbow shall have no liability to You or any other person for loss, damage or destruction of any of data. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Sunset Rainbow shall have no liability to You or any other person for Your use of the Services in violation of these terms.You shall not use the Service in any way, in Sunset Rainbow’s sole discretion, that shall impair the functioning or operation of Sunset Rainbow’s Services or equipment. You acknowledge and agree that Sunset Rainbow and its assigns have the right to carry out a forensics examination in the event of a compromise of your account.
If You purchase Custom Installation service(s), You hereby authorize Sunset Rainbow to log into Your server and to access any relevant areas for purposes of installing and configuring the software.
In the event You terminate, moving Your data (such as product keys and domain lists) off the Sunset Rainbow server is Your responsibility. Sunset Rainbow will not transfer or FTP Your data to another provider. In the event Your use of the Services is terminated, Sunset Rainbow will not transfer or manage Your Services or Your data.
Sunset Rainbow’s Rights
Sunset Rainbow explicitly reserves the right and sole discretion to:
1. modify its pricing, if desired by Sunset Rainbow ;
2. establish limits and guidelines concerning the use of Services;
3. terminate Your use of the Services for use of the Services to unnecessarily or illegally harass Sunset Rainbow or third parties, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Sunset Rainbow, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Sunset Rainbow determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
4. terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against Sunset Rainbow or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
5. terminate Your use of the Services at any time and for any reason if deemed reasonably necessary by Sunset Rainbow.
Sunset Rainbow has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.
Note on Licensing
Unless explictly stated otherwise in a contract, Sunset Rainbow owns the rights to all software created by Sunset Rainbow. You receive a license to use the software in the form it is provided in. You specifically do not receive a license to reverse engineer any code/software developed by Sunset Rainbow and you are not allowed to re-sell or sublicense software to others unless explictly stated otherwise in a contract.
Generally speaking you obtain the rights you pay for.
Sunset Rainbow reserves the right to contact you regarding late payments.
Cancellation/Re-Start of Monthly SEO Services
Re-establishing a cancelled Search Engine Optimization (SEO) service may require paying the setup fee again. Automatic services do not require a cancellation notice.
If you are not satisfied with your service or digital purchase, please contact us to discuss.
Due to the nature of digital products and services, cash refunds are generally not provided. However, in some circumstances, we may provide a refund. Refunds are at the sole discretion of Sunset Rainbow, LLC and you must request a refund within 7 calendar days of your purchase.
Terms Subject to Change
Sunset Rainbow reserves the right to modify these terms in the future. Check here for the current terms.
Revision 3: September 20, 2009
Revision 4: May 17, 2011
Revision 5: Nov 20, 2012