Cascadia Web Services

Helping You Reach New Heights

Terms and Conditions

Date of Last Update: Oct 2nd, 2025

1. Introduction

These Terms and Conditions ("Agreement") govern the use of all services provided by Cascadia Web Services, LLC ("Company") to the Client ("Client"). This Agreement applies to Clients who engage with the Company either by entering into a signed Statement of Work or Agreement, or by registering and purchasing services via the Company’s website.

Unless otherwise specified, all references to days, weeks, months, or years in this Agreement refer to calendar days, and all such time periods are consecutive, with no interruptions or extensions for weekends, holidays, or other delays. If a provision refers to “business days,” it shall follow the Company’s defined operational hours of Monday–Friday, 10:00 AM to 6:00 PM Pacific Time, excluding U.S. federal holidays.

If the Client provides Personal Data relating to individuals located in the European Economic Area (EEA), the United Kingdom, or Switzerland, the Client represents and warrants that such collection, transfer, and use complies fully with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR). Cascadia Web Services, LLC acts solely as a Data Processor when handling Personal Data on behalf of the Client, and the Client remains the Data Controller.

Clients authorized under this Agreement may rebrand and resell the Company's Services to their end-users ("White Labeling"), subject to the conditions outlined herein. White Labeling Clients must comply with all terms, limitations, and responsibilities described in this Agreement.

This Agreement incorporates by reference the Company’s Privacy Policy, which governs how Personal Data is collected, used, and protected.

Clients located outside the United States acknowledge that their data will be processed in the United States, and that such processing is subject to the Company’s Privacy Policy and applicable international data protection laws.

Certain services may involve administrative-level access and/or account management on third-party platforms (e.g., Google Workspace, Microsoft 365, email infrastructure). The Company provides such services solely as a processor and facilitator, not as a publisher or originator of any content or communication.

2. Definitions

Definitions relevant to this Agreement are included in Schedule A. These defined terms include "Client," "Primary User," "Authorized User," "Deliverables," "Services," "Statement of Work," and others used consistently throughout the Agreement.

3. Acceptance of Terms

By signing this Agreement or by registering for services through the Company's website, the Client agrees to be bound by all terms herein. This Agreement shall govern all projects, services, consulting, hosting, support, and related engagements between the Client and the Company, regardless of communication method or payment channel.

4. Modification of Terms

The Company may modify this Agreement from time to time by posting an updated version on its website and revising the “Date of Last Update.”

Non-material changes become effective upon posting. Material changes affecting active Clients’ pricing, billing cadence, included features, renewal terms, acceptable use restrictions, dispute terms, or allocation of risk will be communicated using the notice methods permitted under this Agreement before the change takes effect, unless immediate changes are reasonably required for security, fraud prevention, abuse mitigation, legal compliance, or service integrity.

Continued use of the Services after the effective date of any update constitutes acceptance of the revised Agreement.

5. Accounts and Eligibility

Clients may engage with the Company by creating an account on the Company’s website or by entering into a signed Agreement. Website-based accounts are limited to recurring subscription services and may not request hourly or time-based services unless a separate written Statement of Work is executed.

Clients must provide accurate and complete registration information and are responsible for maintaining the security of their account credentials. The Company reserves the right to audit or suspend any Client account at any time in the event of suspected abuse, fraud, or violation of this Agreement.

Clients interested in participating as affiliates must complete the formal enrollment process and execute a separate Affiliate Agreement.

6. Statements of Work

Hourly services, consulting, project-based work, and other custom services are provided only under a written Statement of Work (“SoW”), Proposal, or other written order accepted through the notice methods authorized under this Agreement.

A SoW, Proposal, or accepted written order will define the applicable scope, deliverables, fees, assumptions, timelines, dependencies, and any project-specific terms. In the event of a conflict between this Agreement and a signed SoW, the SoW controls only with respect to the expressly conflicting project-specific terms.

Verbal discussions, informal estimates, meetings, chat messages, or SMS exchanges do not modify scope or create binding obligations unless expressly confirmed through an authorized written acceptance method under this Agreement.

Any Client request estimated at $500.00 USD or greater requires a written SoW, Proposal, or other written approval accepted under this Agreement. Work below that threshold may be performed without a separate SoW and will remain governed by this Agreement.

7. Scope of Services

Recurring subscription services are limited to the offerings made available through the Company’s official website. Unless otherwise stated in a signed writing, the scope, features, limitations, responsibilities, and service-specific conditions for each recurring service are defined by the corresponding service page in effect at the time of subscription or renewal.

The Company may update service descriptions from time to time. Material changes affecting active Clients will be communicated in accordance with Section 4 and, unless otherwise specified, will take effect on the next renewal or billing cycle. Changes reasonably required for security, legal compliance, fraud prevention, abuse mitigation, or service integrity may take effect immediately.

White Labeling authorization allows Clients to resell the Company’s Services under their own branding. Clients may not materially alter, misrepresent, or modify Deliverables without prior written consent. White Labeling does not grant the Client ownership rights in the Services or Deliverables.

White Labeling authorization allows Clients to resell the Company's Services under their own branding. Clients may not materially alter, misrepresent, or modify Deliverables without prior written consent. White Labeling does not grant the Client ownership rights in the Services or Deliverables.

Resale, sublicensing, or promotion of Services by Clients is only permitted under a formal Affiliate Program governed by a separate agreement.

For managed services involving external accounts, the Company may act as the account administrator for provisioning, billing, DNS setup, and support. For managed services involving external accounts, the Company may act as the account administrator for provisioning, billing, DNS setup, and support. The Client retains all responsibility for content transmitted through or stored in such systems.

8. Billing, Invoicing, and Payment

8.1 Billing Structure Overview

a. Hourly Services

Hourly services are billed on a weekly cycle, from Friday 12:00 AM to Thursday 11:59 PM Pacific Time. Invoices are issued at the end of each cycle and are due within fourteen (14) calendar days of issuance.

Some services may include usage-based billing, calculated according to actual usage on an hourly basis across the full calendar month. Usage is recorded and billed for every hour of every day of the month, including weekends and holidays. Consequently, the total billing amount may vary month to month depending on the number of calendar days—e.g., February will typically reflect a lower charge than a month with 30 or 31 days.

All time tracked is rounded to the nearest minute and is logged using automated and manual tracking tools to ensure accuracy. Usage summaries are available upon request.

b. Recurring Services

Subscription-based services are billed on a monthly basis, due on the 1st calendar day of each month. If the Client subscribes on any day other than the 1st, a pro-rated charge applies for the first partial month, followed by full billing on the next cycle.

No Statement of Work, proposal, or agreement shall override the payment terms, billing cadence, late fee schedule, or collections policies stated herein.

8.2 Late Payments and Default

Hourly Work:

Unpaid invoices after 14 days accrue a 10% late fee, compounding every additional 14 days.

After three (3) missed cycles (42 days), the Client’s services are suspended, terminated, and referred to collections. The Client becomes "inactive" and must execute a new agreement to resume service.

Recurring Services:

Payments are due on the 1st of each month with no grace period. Late payment results in a 10% fee applied on the 2nd, then follows the same 14-day cycle escalation process as hourly work.

8.3 Recurring Service Term, Renewal, and Cancellation

Recurring Services renew automatically on a month-to-month basis unless canceled in accordance with this Agreement or a service-specific page. Cancellation requests must be submitted through the notice methods authorized under this Agreement. Unless otherwise stated in writing, cancellation becomes effective at the end of the then-current paid billing period and does not entitle the Client to a refund for unused time, partial months, reserved capacity, setup work, or third-party costs already incurred.

The Company may suspend, downgrade, or terminate recurring Services immediately for nonpayment, abuse, legal risk, security concerns, or violations of this Agreement.

8.4 Taxes, Chargebacks, Collections, and Recovery Costs

All fees are stated exclusive of taxes unless expressly stated otherwise. The Client is responsible for all applicable sales, use, VAT, GST, or similar taxes, excluding taxes based on the Company’s net income.

If the Client initiates a chargeback, payment reversal, ACH dispute, or similar payment dispute without a good-faith basis, the Company may suspend Services immediately and recover the disputed amount together with any related processor fees, bank fees, administrative costs, collection costs, reasonable attorneys’ fees, and other enforcement expenses to the extent permitted by law.

The Client remains liable for all amounts accrued before suspension or termination, including third-party costs and non-cancellable commitments incurred on the Client’s behalf.

9. Intellectual Property Rights

All rights, title, and interest in Deliverables created by the Company remain the property of the Company unless otherwise expressly stated in a Statement of Work.

Upon full payment, Clients receive a limited, non-exclusive license for internal business use of Deliverables. No ownership rights transfer unless explicitly provided in a signed writing. The Company retains the right to reuse, modify, or repurpose underlying components and development methods.

Except where expressly authorized, all intellectual property remains the exclusive property of the Company. Where White Labeling is permitted, the Client is granted a limited, non-exclusive, non-transferable sublicense to market, rebrand, and resell the Services to its own customers. The Client may not sublicense, reverse engineer, create derivative works from, or otherwise transfer Deliverables except as expressly permitted.

10. Software Licensing

Deliverables that include software, plugins, modules, or code are licensed, not sold, to the Client under this Agreement.

If payment is not made in accordance with these Terms, the Company may suspend or revoke any software licenses without additional notice.

Client agrees not to decompile, reverse engineer, sublicense, distribute, or commercially exploit software Deliverables without prior written authorization.

11. Confidentiality

Confidential Information includes all written, verbal, or electronic exchanges between the parties related to projects, deliverables, operations, strategies, pricing, access credentials, discussions, recordings, or other interactions.

Each party agrees to maintain the confidentiality of the other party’s Confidential Information and to use it solely for the purpose of performing under this Agreement. Confidentiality obligations survive termination or expiration of this Agreement.

12. Data Security and Usage

The Company implements industry-standard administrative, technical, and physical safeguards to protect Client data.

However, the Client remains the controller of any data it collects, stores, or processes. The Company acts solely as a processor and assumes no liability for the Client’s compliance with GDPR, CCPA, or other privacy laws.

Where Cascadia Web Services, LLC acts as a Data Processor, it will process Personal Data only on documented instructions from the Client, including regarding transfers of Personal Data to third countries, unless otherwise required by applicable law. Cascadia Web Services, LLC implements appropriate technical and organizational measures to meet GDPR Article 32 requirements for security of processing.

When Cascadia Web Services, LLC processes Personal Data provided by the Client that relates to identified or identifiable individuals located in the European Economic Area, United Kingdom, Switzerland, China, Japan, Singapore, South Korea, or any other jurisdiction with applicable data protection laws, Cascadia Web Services, LLC acts as a Data Processor under such laws, including but not limited to the General Data Protection Regulation (GDPR), China’s Personal Information Protection Law (PIPL), Japan’s Act on the Protection of Personal Information (APPI), Singapore’s Personal Data Protection Act (PDPA), and South Korea’s Personal Information Protection Act (PIPA).

Cascadia Web Services, LLC shall process such Personal Data solely for the purposes of performing its obligations under this Agreement, in accordance with the Client’s documented instructions, and shall implement appropriate technical and organizational measures to protect such Personal Data against unauthorized access, use, alteration, or disclosure.

Cascadia Web Services, LLC shall not transfer such Personal Data to any third country or international organization unless adequate safeguards, recognized by the applicable laws, are in place to protect the Personal Data.

In the context of managed email and transactional services, we may have temporary or ongoing access to message content, headers, metadata, and account configurations solely for setup, monitoring, and troubleshooting. We do not assume liability for the content of any message or the legal compliance of Client-generated communications.

To the extent the Client collects Personal Data of individuals subject to Applicable Data Protection Laws, the Client is solely responsible for fulfilling any data subject access requests, including but not limited to requests for access, correction, erasure, or data portability. The Company, acting as a Data Processor, shall assist the Client as reasonably necessary to support compliance with such requests, provided the Client supplies appropriate written instruction and authentication.

In the event of a confirmed data breach affecting Client Personal Data, the Company will notify the Client without undue delay after becoming aware of the incident and will provide sufficient information to assist the Client in meeting its legal obligations.

The Client is responsible for obtaining all necessary consents from data subjects required by applicable data protection laws prior to sharing or instructing the Company to process such Personal Data.

13. Warranties and Disclaimers

The Company provides services "as is" without warranties of any kind, either express or implied.

There is no guarantee of fitness for a particular purpose, uninterrupted availability, or compatibility with third-party systems unless expressly stated.

All services and Deliverables are provided subject to the Client’s acceptance of these limitations.

The Company does not warrant the deliverability, uptime, spam classification, or third-party filtering behavior of emails sent through managed platforms or transactional email services.

The Company does not warrant search-engine rankings, traffic levels, or specific business outcomes, and is not liable for performance impacts caused by third-party platforms, hosts, internet providers, spam filters, or other external systems outside the Company’s control.

14. Limitation of Liability

To the maximum extent permitted by law, the Company’s total aggregate liability for any cause of action shall not exceed the total fees paid by the Client in the one (1) calendar month preceding the event giving rise to the claim.

The Company shall not be liable for any indirect, incidental, punitive, or consequential damages, including lost profits, loss of data, or business interruption.

The Company shall not be liable for damages arising from the use or non-delivery of email content, system administration access, or third-party account suspensions.

Without limiting the foregoing, the Company is not liable for lost opportunities, missed communications, scheduling disruptions, or business interruptions caused by the Client’s systems, third-party platforms, internet outages, spam filtering, or other external service failures outside the Company’s control.

15. Indemnification

The Client shall indemnify, defend, and hold harmless the Company, its owners, officers, employees, contractors, affiliates, successors, and assigns from and against any third-party claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

a. the Client’s or its users’ use of the Services;
b. the Client’s breach of this Agreement, any SoW, or any applicable service-page terms;
c. the Client’s violation of any law, regulation, or third-party right;
d. the Client’s content, data, instructions, materials, communications, campaigns, routing decisions, or business practices;
e. alleged intellectual property infringement, privacy violations, spam, deceptive practices, fraud, or unlawful communications by the Client or its users;
f. violations of the Acceptable Use Policy by the Client or its users, agents, contractors, affiliates, or end-users.

Any limitation of liability or damages cap in this Agreement does not apply to the Client’s indemnification obligations arising from third-party claims based on unlawful conduct, intellectual property infringement, privacy or data protection violations, spam or unlawful communications, fraud, misuse of the Services, or breach of confidentiality.

16. Term and Termination

This Agreement shall remain in effect until terminated in writing by either party.

Upon termination:

  • The Client shall pay for all services rendered and non-cancellable expenses incurred up to the effective date of termination.

  • Deposits will be applied against work performed.

  • If the deposit exceeds the value of completed work, the Company shall refund the unused portion on a pro-rated basis.

  • If services rendered exceed the deposit, the Client must pay the outstanding balance.

The Company will provide work logs, materials, and supporting documentation showing proof of work performed. Client approval is not required for validation.

17. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall first be submitted to confidential mediation in Oregon, United States. If the dispute is not resolved through mediation within sixty (60) days after a written mediation demand, either party may bring the matter exclusively in the state or federal courts located in Oregon, United States. Each party irrevocably consents to the exclusive jurisdiction and venue of those courts.

To the fullest extent permitted by law, each party waives any right to a jury trial.

Notwithstanding the foregoing, the Company may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to protect confidential information, intellectual property, account access, payment rights, service integrity, or platform security.

18. Compliance with Laws

The Client is solely responsible for compliance with any applicable laws regarding content, privacy, intellectual property, and operations performed through use of the Services.

This includes but is not limited to GDPR, CCPA, DMCA, and copyright regulations.

Nothing in this Section shall limit any rights that individuals may have under applicable privacy or data protection laws, including GDPR, where such rights are non-waivable.

19. Assignment and Subcontracting

The Company may assign its rights or subcontract its obligations under this Agreement without notice to or consent from the Client.

The Company remains responsible for the performance of any subcontractors engaged.

20. Notices

Official notices and approvals between the parties shall be delivered:

  • By email

  • By SMS to/from the Company's designated number (1-800-610-3575)

Requests for work are recognized when submitted via email or SMS.

Delivery confirmation includes a read receipt, reply, or system confirmation.

Unless otherwise specified, the Company must notify the Client of applicable changes or updates within ten (10) business days of the triggering event.

For the purposes of Statements of Work and Proposals, Client acceptance delivered via the authorized notice methods described in this Section shall constitute binding agreement under the Terms and Conditions.

Changes to Delivery Endpoints (numbers/emails/CRMs), hours/coverage windows, or recording preferences must be provided via the Notice methods in this Section. The Company is not responsible for nondelivery caused by outdated or misconfigured Client endpoints.

21. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by events beyond their reasonable control, including but not limited to:

  • Natural disasters

  • DDoS attacks

  • Power grid failures

  • Supply chain disruptions

  • Acts of war or terrorism

  • Government restrictions

Performance is excused only during the duration of such force majeure events.

22. Entire Agreement and Interpretation

This Agreement, including all attached Schedules, constitutes the entire agreement between the parties.

It supersedes all prior discussions, emails, quotes, proposals, and negotiations.

In case of conflict between this Agreement and any Client-provided document (e.g., purchase order), this Agreement shall control.

Ambiguities shall not be construed in favor of either party. Interpretation shall be based on plain meaning consistent with commercial standards.

23. Refunds and Client Acknowledgments

23.1 Deposits and Partial Refunds

Deposits are refundable only to the extent no services have been performed. Any completed work will be deducted from the deposit. A detailed work log will be provided on request.

23.2 Non-Refundable Fees

Payments made for completed work, milestones, or third-party costs are non-refundable.

23.3 Post-Delivery Responsibilities

Client assumes responsibility for all Deliverables after acceptance or deployment, including future updates, changes, and integrations.

23.4 Approval and Acceptance

No Deliverable shall be deemed accepted unless one of the following occurs:
a. the Client provides explicit written approval;
b. the Deliverable is placed into production, published, deployed, used in a live environment, or relied upon by the Client or its users; or
c. the Client fails to provide written objections describing specific deficiencies within five (5) business days after delivery or request for approval.

Any objection must describe the alleged deficiency with reasonable specificity. Items not timely and specifically disputed will be deemed accepted.

23.5 Disputed Charges

Clients must dispute invoices within seven (7) calendar days of receipt. Failure to do so waives the right to contest.

23.6 Client Non-Responsiveness

If the Client fails to respond to a request for input, access, approval, content, clarification, or direction within five (5) business days, the Company may pause work, reallocate resources, close the request, extend timelines, or proceed based on the most recent approved direction, in its reasonable discretion. Any resulting delays, rework, inefficiencies, or additional costs are the Client’s responsibility. All Services performed before or after such delay remain billable.

24. Non-Solicitation and Interference

During the term of this Agreement and for three (3) years thereafter, the Client shall not directly or indirectly:

  • Solicit for employment

  • Hire

  • Engage as a contractor

any employee, subcontractor, or agent of the Company without prior written consent from the Company.

25. Third-Party Services and Platforms

The Company may recommend, integrate, or facilitate the use of third-party platforms (including but not limited to Zoho, WordPress, Google Workspace).

The Company is not responsible for the terms, uptime, security, functionality, pricing, or changes of any third-party platform.

The Client assumes all responsibility for entering into separate agreements with third-party providers.

This includes but is not limited to managed access to Google Workspace, Microsoft 365, or email-sending platforms. The Client remains the publisher of all content transmitted via such services, and the Company disclaims all responsibility for legal, regulatory, or reputational issues stemming from such content.

Third-party hosting providers, email infrastructure providers, DNS providers, payment processors, anti-spam providers, software vendors, and platform providers may be required. The Client is responsible for entering into any required terms with such providers when directed; the Company disclaims responsibility for their uptime, pricing, security, availability, and changes.

26. Platform Limitations and Custom Development

The Client acknowledges that project outcomes are subject to:

  • Hosting provider limitations

  • Platform feature availability

  • Plugin or module conflicts

  • External API restrictions

The Company is not responsible for outcomes impacted by third-party limitations, nor for changes made by third parties during or after project completion.

27. Client System Responsibilities

Except to the extent expressly included in a purchased recurring service or signed Statement of Work, the Client is solely responsible for maintaining its own software, systems, access controls, backups, updates, business operations, legal compliance, and compatibility between the Client’s environment and any Deliverables or Services.

The Company is not liable for issues caused by the Client’s systems, third-party systems, outdated environments, unauthorized modifications, unsupported software, or the acts or omissions of the Client or its vendors, users, contractors, or end-users.

The Company shall not be liable for issues resulting from the Client’s systems, actions, negligence, or third-party modifications.

Clients who White Label Services assume full responsibility for onboarding, supporting, billing, and communicating with their end-users. The Company shall have no direct contractual or support obligation to the Client’s end-users.

The Client remain responsible for the accuracy, legality, and compliance of all email communications, including transactional and marketing content, even when the Company manages DNS, SMTP configurations, or system access.

28. Consulting Services and Limitations

Consulting services are provided based on industry best practices and information available at the time.

Consulting is advisory only.

The Client is solely responsible for implementation, decision-making, regulatory compliance, and resulting business outcomes.

29. Plugin and Extension Development

29.1 Scope

Custom-developed plugins and extensions (“Modules”) are subject to this section.

29.2 Ownership

Unless otherwise agreed in a signed Statement of Work, all intellectual property rights in Modules remain the property of the Company.

The Client receives a non-exclusive, non-transferable internal use license.

29.3 Marketplace Listing Disclaimer

The Company makes no guarantee of acceptance into Zoho Marketplace, WordPress.org, or any other third-party repository.

29.4 Security and Third-Party Dependencies

The Company shall not be liable for vulnerabilities, downtime, or functionality loss caused by external systems, APIs, or platform changes.

29.5 Maintenance and Updates

Maintenance and updates for Modules are not included unless otherwise specified in a signed Statement of Work.

29.6 Authorized Distribution Only

Clients may not distribute, resell, or share Modules except through authorized channels published on the Company’s website.

Distribution restrictions are binding even after project completion.

Unless specifically authorized in a separate signed Statement of Work, Deliverables created through plugin or extension development are not eligible for White Labeling or resale.

30. User Authorization and Approval Structure

30.1 Primary User Designation

For Clients who sign this Agreement, the signer is designated as the Primary User.

For Clients registering via the website, the account creator is the Primary User.

If authority is questioned or transferred, the Primary User must update the Company following the procedure outlined in this section.

30.2 Authorized Users

The Primary User may designate additional Authorized Users by sending a dedicated email from the Primary User’s email address identifying the Authorized User’s full name and business email address.

Unless the designation expressly states broader authority, an Authorized User may submit requests and approve work valued at $499.99 USD or less. Any request, Proposal, or scope expansion valued at $500.00 USD or greater must be approved by the Primary User, unless the Primary User’s written designation expressly authorizes a named Authorized User to approve requests above that threshold.

The Company may rely on communications from the Primary User or any properly designated Authorized User as binding on the Client.

30.3 Binding Authority

Requests and approvals received from the Primary User or any Authorized User are considered valid and binding on the Client.

31. Acceptable Use Policy

Clients and their end users must comply with the following:

Prohibited Activities

Clients may not use the Services to:

  • Transmit, distribute, or store material that is unlawful, defamatory, obscene, harmful, abusive, or otherwise objectionable.

  • Infringe or violate the intellectual property rights of others.

  • Send spam, phishing communications, or malware.

  • Interfere with the operations, networks, or systems of the Company or any third parties.

  • Attempt to gain unauthorized access to Services, data, systems, or networks.

  • Misrepresenting licensure, insurance, pricing, or scope of services to consumers.

  • Use the Services to violate any applicable privacy, anti-spam, consumer protection, or communications law.

  • Misrepresent business credentials, pricing, capabilities, or scope of services in connection with the Services.

  • Use the Services for fraudulent, deceptive, abusive, or unlawful activity.

The above list is illustrative only and is not exhaustive. The Company reserves the right, at its sole discretion, to determine what activities, behaviors, or content constitute a violation of acceptable use standards. The Company may modify or expand prohibited activities without prior Client notification and without updating this page.

End-User Responsibility

Clients who grant access to third-party users must:

  • Actively monitor their users for compliance with this Acceptable Use Policy

  • Notify the Company within one (1) business day of discovering any actual or suspected violation

  • Be responsible for the acts and omissions of their users as if they were the acts and omissions of the Client itself

Clients who offer White Labeled Services must ensure their end-users are informed of and agree to abide by this Acceptable Use Policy. Clients must report violations by their end-users within one (1) business day of becoming aware of a violation. Failure to do so constitutes a breach of this Agreement.

Violations and Remedies

Violation of this Acceptable Use Policy may result in:

  • Immediate suspension or termination of Services

  • Legal action

  • Assessment of a remediation fee of $2,500.00 USD per violation at the Company’s discretion

The Client must not use managed email or transactional platforms to transmit unsolicited messages, fraudulent content, or messages in violation of CAN-SPAM, GDPR, or other anti-spam legislation. Violations may result in immediate suspension of access.

The Company reserves the right to investigate suspected violations and to take any actions deemed appropriate to protect its interests.

32. Affiliate Participation

Clients and third parties may participate in Cascadia Web Services’ Affiliate Program ("Affiliate Program") only after entering into a separate written Affiliate Agreement with the Company.

Participation in the Affiliate Program:

  • Is subject to the terms of the Affiliate Agreement, including commission structures, promotional restrictions, and compliance requirements.

  • Does not create an agency, partnership, employment, or joint venture relationship between the Company and the affiliate.

  • Requires compliance with all applicable laws, regulations, and industry standards, including but not limited to the FTC Endorsement Guidelines.

The Company reserves the right to modify, suspend, or terminate any affiliate relationship at any time for any reason, with or without cause.

Nothing in this Agreement grants Clients or third parties the right to act as agents or authorized representatives of Cascadia Web Services, LLC.

33. Miscellaneous

This Agreement is governed by the laws of Oregon, United States.

The Company is a Delaware-registered LLC.

Failure to enforce any part of this Agreement does not waive future enforcement.

If any provision is deemed invalid, the remainder remains in full force and effect.

The provisions of this Agreement that by their nature should survive termination or expiration shall survive, including without limitation payment obligations, accrued rights, ownership provisions, licenses granted subject to payment, confidentiality, disclaimers, limitations of liability, indemnification, acceptable use enforcement, dispute-resolution provisions, and all obligations intended to continue after termination.

34. Schedule A – Definitions

Primary User:

The individual designated to make binding decisions on behalf of the Client, either by signing the Agreement or registering through the Company’s website.

Authorized User:

An individual authorized by the Primary User, in accordance with Section 30, to submit requests and, if expressly designated, approve Services on behalf of the Client within the scope of that written authorization.

Client Materials:

All data, information, assets, documents, content, access credentials, and other materials provided by the Client for use in connection with the Services.

Deliverables:

All products, work product, documents, files, configurations, software, plugins, modules, reports, or other outputs produced by the Company for the Client under a Statement of Work or subscription.

Business Day:

Any day Monday through Friday, excluding U.S. federal holidays, during the Company’s standard operational hours of 10:00 AM to 6:00 PM Pacific Time.

Calendar Day:

Any day of the calendar year, including weekends and holidays, with no interruptions for breaks, holidays, or other delays.

Services:

All consulting, design, development, hosting, maintenance, support, subscription services, and related offerings provided by the Company under this Agreement.

Statement of Work (SoW):

A document executed in writing by both parties that defines the scope, Deliverables, billing, timeline, terms, and other project-specific details. Proposals that meet the SoW criteria shall be treated as binding Statements of Work when accepted in writing.

Personal Data:

Any information relating to an identified or identifiable natural person, including but not limited to names, identification numbers, location data, online identifiers, or other factors specific to physical, physiological, genetic, mental, economic, cultural, or social identity, as defined under applicable data protection laws such as the General Data Protection Regulation (GDPR), China’s Personal Information Protection Law (PIPL), and similar laws.

Data Controller:

The entity that determines the purposes and means of the processing of Personal Data.

Data Processor:

The entity that processes Personal Data on behalf of the Data Controller and in accordance with their instructions.

Applicable Data Protection Laws:

All laws and regulations concerning data protection, privacy, or the processing of Personal Data applicable to a party’s activities, including without limitation the General Data Protection Regulation (GDPR), China’s Personal Information Protection Law (PIPL), Japan’s Act on the Protection of Personal Information (APPI), Singapore’s Personal Data Protection Act (PDPA), South Korea’s Personal Information Protection Act (PIPA), and similar international and state-level laws.

White Labeling:

The authorized practice of rebranding, marketing, and reselling the Company's Services under the Client’s brand identity, without attributing or disclosing the Company as the original service provider. White Labeling is subject to the restrictions, responsibilities, and conditions detailed in this Agreement.