Terms of Service


In this agreement the following terms have the following meanings:

  • Gingerfeet, GF, provider, we, us or our: Gingerfeet LLC.
  • Customer, client, subscriber, you, your, yourself: the person, organization, firm or company, or a designate thereof, granted use of Gingerfeet services
  • The Package, the service, services, subscription: the services and products provided to you by Gingerfeet, as set forth on “The Package” page (http://www.gingerfeet.com/the-package/) of our website.
  • Activation Date: the day on which we receive payment from you.
  • Terms of Service, TOS: this document.

User's Acknowledgment and Acceptance of Terms

Gingerfeet LLC provides the Gingerfeet "package", the Gingerfeet site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

This Terms of Service is a contract between You and GingerFeet LLC. You warrant that you are at least 18 years of age and agree to abide by these policies. You also warrant that you have the right and authority to bind yourself, or the company that you represent, to the terms of this Terms of Service.

By purchasing and/or using Gingerfeet services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement as well as any new, different or additional terms, modifications, conditions or policies which Gingerfeet may establish and/or revise at any time, and any agreements that Gingerfeet is currently bound by or will be bound by in the future.

You agree that Gingerfeet may modify this Agreement from time to time and will do so by posting the new Agreement on the Gingerfeet web site in place of the old. You agree to be bound by any changes Gingerfeet may make to this Agreement as of the date in which such changes are made.

Description of Service

GingerFeet provides a subscription-based, website service (The Package) as set forth on “The Package” page (http://www.gingerfeet.com/the-package/) to its customers. We provide The Package to you based on the description of it on our website as of the Activation Date. Should our website change subsequent to the Activation Date, we have no obligation to modify The Package to reflect such a change. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

Some of the services of The Package may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. However, you may not terminate this TOS based on such a change by a third party.

Web Hosting Services

As part of The Package, Gingerfeet provides Web Hosting Services. Gingerfeet reserves the right to change, amend and/or otherwise alter the services provided with equivalent services without prior notice to you. Web Hosting Services shall be defined, in a general form, as server space and data transfer allowances for the purposes of displaying a business or personal website.

Domain Name Services

Gingerfeet provides Domain Registration Services as part of The Package upon your request. Gingerfeet will not own any domain name registered on your behalf under this paragraph. Gingerfeet provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Gingerfeet for any and all damages, losses, claims or expenses arising out of, or related to the acquisition, registration and/or use of the Domain Name.

When you apply to register a domain name, your request is transmitted to Gandi.net. You agree to be bound by Gandi.net's domain name registration policies and procedures. Gingerfeet is not responsible for domain name availability, therefore, we do not guarantee a domain name will be registered.

Registration Data and Privacy

In order to access some of the services on this site, you will required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("User Account"), and maintaining and updating your User Account as required. By registering, you agree that all information provided in the User Account is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

The information we obtain through your use of this site, including your registration data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Service.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

E-mail, Messaging, Blogging, Chat Services and Forums

We may make email, messaging, blogging, chat services, or forums (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

Contact Information

You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the services Gingerfeet provides, or to respond to feedback, support ticket requests and other communication initiated by you. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in service(s), or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.


This TOS will begin on the Activation Date and continue indefinitely, or until cancellation by you. We reserve the right to perform a credit check and screen for potential fraud.

Billing and Payment

The due date is the same day of the month as the Activation Date ("Due Date"). All credit cards are billed automatically on a monthly basis and will be charged on the Due Date. You are responsible for the fees and charges set out on the page describing the service you have purchased. In addition, certain aspects of the service may be billed by third parties to you, through us. All of these are referred to collectively as "fees."

It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Should your account be suspended for any reason, fees will continue to accrue. To reinstate your account, you will be required to pay any fees levied on us by our financial institution plus a $25 administrative fee. You must inform us in writing of any fee disputes at least 7 days before the Due Date.


You may cancel this Agreement at any time by providing a 30-day written notice to us. Gingerfeet does not pro-rate and/or reimburse monthly fees after the first 30 days. Set up, domain name registration, SSL Certificate, and other one-time fees are not refundable. Upon cancellation, your account will be closed. We have no responsibility to forward e-mail, or other communications for you once your account is closed. You are encouraged to keep the service active during a transition period should you seek to forward your e-mail or other communications.

Money Back Guarantee

The Gingerfeet Package (The Package) carries an unconditional 30-day money back, satisfaction guarantee. To cancel your service and receive a refund, you must contact us within 30 days from the Activation Date of the particular service you wish to cancel. Domain name registration, SSL Certificate(s), and other extra service fees are not refundable. If you paid us by credit card we will credit the card on file. Paypal payments will be refunded on-line.


You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, (i) breach of these Terms of Service; and/or (ii) your failure to pay any amounts due. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Use of the Service

You agree to cooperate with us to facilitate your use of the service. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the service.

You are responsible for all long distance and/or connection charges associated with the service. It is your responsibility to ensure that you can connect with us to use the service.

Acceptable Use Policy

You agree to maintain your website in full compliance with the terms set forth in the Terms of Service. Failure to so comply is cause for immediate suspension and/or termination of your account at the sole discretion of Gingerfeet.

Gingerfeet uses a third party to run security and vulnerability audits of their network. These audits include, but are not limited to, port scans, server configuration audits and other security and vulnerability checks that help ensure that the network Gingerfeet manages is as secure as possible. Gingerfeet prohibits you as well as third parties from running any type of security audit or check of the Gingerfeet network, apart from those audits or checks that are initiated by Gingerfeet or that have prior written approval from Gingerfeet. Unauthorized scans or checks of the Gingerfeet network will be treated as an attack against the Gingerfeet network and will be dealt with accordingly, including, but not limited to, immediate account termination and/or any legal recourse available.

As a provider of web site hosting and other Internet-related services, Gingerfeet LLC offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Gingerfeet LLC respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Gingerfeet LLC reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Gingerfeet LLC has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Gingerfeet LLC' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Gingerfeet LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Gingerfeet LLC cannot monitor or censor the Internet, and will not attempt to do so, Gingerfeet LLC cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

Gingerfeet LLC does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over the Gingerfeet LLC network and may reach a large number of people, including both subscribers and non-subscribers of Gingerfeet LLC, subscribers' postings to the Internet may affect other subscribers and may affect Gingerfeet LLC goodwill, business, reputation or operations. For these reasons, subscribers violate Gingerfeet LLC policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:


Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Gingerfeet LLC, but also because it can overload the Gingerfeet LLC network and disrupt service to Gingerfeet LLC subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Gingerfeet LLC will investigate and if determine the account is in violation, will immediately terminate the account. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Gingerfeet LLC reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Gingerfeet LLC choose to pursue and prosecute.

Large File Policy:

Gingerfeet LLC is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail info@gingerfeet.com.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that Gingerfeet LLC determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

You shall also agree to the following:

  • You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • You agree not to post any of the following types of content on your website, nor use your account in furtherance of any of the following: pornographic, obscene or excessively profane content, gambling, illegal drugs or illegal drug use.
  • You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
  • You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
  • You agree not use your account to or otherwise knowingly or otherwise permit the violation of any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:
    • False or Misleading Header Information
    • Deceptive Subject Lines
    • Failure to provide an opt-out method
    • Failure to Identify the message as an advertisement
    • Failure to include a physical Postal Address
  • You agree not to use your account to encourage, facilitate, promote and/or include hate speech, racially offensive, ethnically offensive to groups of various sexual orientations and/or any other content or activity deemed inappropriate by Gingerfeet, at its sole discretion, for any reason whatsoever.
  • You agree not to make or attempt any unauthorized access to any Gingerfeet website or the website of any Gingerfeet customer.
  • You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  • You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with Gingerfeet and for three years thereafter.
  • You agree not to undertake any action which is harmful or potentially harmful to the Gingerfeet server structure. Any attempt to undermine or cause harm to a server or customer of Gingerfeet LLC is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
  • You agree that the Gingerfeet servers including the space occupied by your account is and remains the property of Gingerfeet. Further, Gingerfeet does not claim ownership of files placed on the servers by you or within the space occupied by your account when you use the services provided by Gingerfeet. Your limited licenses to use the service is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of Gingerfeet . You may not make your account (including but not limited to web space, email accounts, bandwidth, or storage space) available to any third party in any way, including but not limited to the use of Sub Domains, Add-on Domains, Sub Directories, or by any other means.
  • You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of Gingerfeet (b) any other person or (c) any employee or contractor of Gingerfeet.
  • You agree at all times to comply with all International, Federal, State and local laws including those related to content, copyright, and trademark including but not limited to the Digital Millennium Copyright Act ("DMCA").
  • You agree that Gingerfeet will make the sole determination whether this policy has been violated. This policy may be amended by Gingerfeet at any time without notice to you by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be your obligation to check this page regularly for updates to this policy.
  • You agree to maintain your website in full compliance with the terms of the acceptable use policy. Gingerfeet reserves the right to refuse to provide service to anyone at their sole discretion, for any reason whatsoever.

Licenses and Intellectual Property


GingerFeet grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by GingerFeet solely to access and use the service. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in GingerFeet's technology shall remain with GingerFeet, or GingerFeet's licensors. you are not permitted to circumvent any devices designed to protect GingerFeet, or its licensors', ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

We may provide technical support, implementation, customer service or administrative information to you. This information is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or offer or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may have in this intellectual property, and assign all right, title and interest in it to us.

You grant GingerFeet, and any third parties used by GingerFeet to provide the service, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the service. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, or your licensors.

Intellectual Property

Copyright (c) 03/01/2010 Gingerfeet LLC All Rights Reserved.

For purposes of these Terms of Service, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Gingerfeet LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "UserÂ’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks or service marks of Gingerfeet LLC or its Affiliates: Gingerfeet LLC. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Gingerfeet LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Gingerfeet LLC or its Affiliates.

Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Sign the paper.
  8. Send the written communication to the following address:

Gingerfeet LLC
PO Box 271
Millerton, NY 12546

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

GingerFeet's Representations and Warranty

GingerFeet warrants that it will perform the services as set forth on “The Package” page (http://www.gingerfeet.com/the-package/) of our website. To make a warranty claim, you must notify GingerFeet in writing within 30 days of the date GingerFeet's alleged breach. Your exclusive remedy, and GingerFeet's sole obligation, in the case of a breach of warranty is, at GingerFeet's option, to (i) reperform the service; or (ii) issue you a credit based on the amount of time the service was not in conformity with this warranty, subtracted ("pro-rated") by the amount of time they were in conformance. For the purposes of GingerFeet's warranty, the following issues shall not constitute services within the definition of "The Package": up-time, "up-time guarantees" or other items for which GingerFeet provides a service level agreement, regardless of whether a service level agreement is, or was, available for the service. Services provided by third parties are expressly excluded from this warranty.

Your Representations and Warranties

You represent and warrant to GingerFeet that: (i) you have the experience and knowledge necessary to use the service; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from using the service in particular, and doing business on the Internet in general; (iii) you will provide us with material that may be implemented by us to provide the service without extra effort on our part; and/or (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the service to take advantage of the service.

Warranty & Disclaimers

Gingerfeet makes every reasonable effort to maintain operation of the Gingerfeet service however because as many events and circumstances are beyond the control of Gingerfeet, Gingerfeet does not in any way warrant or otherwise guarantee the availability of the Gingerfeet system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Gingerfeet.




Limitation of Liability

It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that GingerFeet has no liability, of any sort, for content you or your customers access from the Internet and has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Gingerfeet accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal.

GingerFeet provides no guarantee that the service will be uninterrupted, or continuous, that you will be able to access GingerFeet's network at a particular time, that any data transmitted by GingerFeet is accurate, error free, virus free, secure, or inoffensive. You acknowledge that it is your responsibility to keep back-up copies of your data. GingerFeet is not responsible for any loss of data, for any reason. GingerFeet is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.

You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.



You agree to fully defend and indemnify and hold harmless Gingerfeet and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Gingerfeet service or any portion thereof.

GingerFeet shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that a product or service provided by GingerFeet hereunder infringes any patent, copyright, or trademark. This indemnification provision is expressly limited to products or services which are fully owned by GingerFeet. It does not extend to products or services provided by third parties. If set out in its agreements with third-party suppliers, GingerFeet shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying GingerFeet promptly in writing of the claim and giving GingerFeet full authority, information, and assistance for the defense and settlement thereof. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in GingerFeet's opinion is likely to occur, you agree to permit GingerFeet, at its option and expense, either to: (i) procure for you the right to continue using the product or service; (ii) replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing product or service, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate GingerFeet's obligations (and your rights) under this TOS with regard to such product or service, and, refund the Fee charged by us for the period in which the services were unavailable.


Any notice under this agreement shall be given by Gingerfeet to you via email at the address provided by you to Gingerfeet at the Activation Date or as Gingerfeet is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email.

Any notice by you to Gingerfeet shall be made in writing and sent via United States Mail to the following Address:

Gingerfeet LLC
PO Box 271
Millerton, NY 12546

Force Majeure

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, bandwidth interruptions, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.

Choice of Law, Jurisdiction and Venue

This site (excluding any linked sites) is controlled by us from our offices within the State of Washington, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Washington, by accessing this site both of us agree that the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Washington with respect to such matters.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.


In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneysÂ’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.


In the event that any of the terms of this TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this TOS. All remaining terms of this Agreement shall remain in full force and effect.

Gingerfeet Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Gingerfeet LLC, located at PO Box 271, Millerton, NY 12546. Our telephone number is (518) 592-1099. If you notice that any user is violating these Terms of Service, please contact us at info@gingerfeet.com