Terms of Service

Revision date: September 18, 2008

Welcome to the buyiowawine.com website, a website owned and operated by Muddy Creek Wine Company (“Muddy Creek”).

The terms and conditions stated below (the "Terms of Use") identify what users of the buyiowawine.com website (each a "User") can expect and what we expect from Users. By visiting any area on the buyiowawine.com site or making a purchase via the buyiowawine.com site, a User is deemed to have accepted the Terms of Use.

Online Conduct

User agrees to use the buyiowawine.com site only for lawful purposes. User is prohibited from posting on or transmitting through the site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If buyiowawine.com is notified of any conduct or content that is allegedly infringing, defamatory, damaging, illegal, or offensive, buyiowawine.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such User or content from the site.

Buyiowawine.com reserves the right to prohibit or restrict conduct, communication, or content that buyiowawine.com deems in its sole discretion to be harmful to Users, buyiowawine.com, Muddy Creek, or any third party, or to violate any applicable law. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable content after online posting. Accordingly, Muddy Creek shall not assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the buyiowawine.com site.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, MUDDY CREEK MAY NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

As a provider of web site hosting and other Internet-related services, Muddy Creek 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. Muddy Creek respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Muddy Creek reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Muddy Creek Wine Company 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 Muddy Creek’s 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 Muddy Creek 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 Muddy Creek cannot monitor or censor the Internet, and will not attempt to do so, Muddy Creek cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Muddy Creek 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 Muddy Creek’s network and may reach a large number of people, including both subscribers and non-subscribers of Muddy Creek, subscribers' postings to the Internet may affect other subscribers and may affect Muddy Creek’s goodwill, business, reputation or operations. For these reasons, subscribers who violate Muddy Creek policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

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

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Muddy Creek Wine Company does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
Muddy Creek Wine Company does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
Muddy Creek Wine Company 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 lindeyanderson@muddycreekwine.com.

Obscene Speech or Materials:
Using Muddy Creek Wine Company' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Muddy Creek Wine Company is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Muddy Creek Wine Company' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

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.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Muddy Creek Wine Company reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

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 Muddy Creek Wine Company determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Muddy Creek Wine Company will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Muddy Creek Wine Company' policy or applicable law. However, when Muddy Creek Wine Company becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Muddy Creek Wine Company.

Muddy Creek Wine Company is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Muddy Creek Wine Company' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Muddy Creek Wine Company does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Muddy Creek Wine Company reserves the right to directly take action against a customer of its subscribers. Also, Muddy Creek Wine Company may take action against the Muddy Creek Wine Company' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Muddy Creek Wine Company anticipates that subscribers who offer Internet services will cooperate with Muddy Creek Wine Company in any corrective or preventive action that Muddy Creek Wine Company deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Muddy Creek Wine Company policy.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Muddy Creek Wine Company and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to lindeyanderson@muddycreekwine.com.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Muddy Creek Wine Company 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.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Muddy Creek Wine Company must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, Muddy Creek Wine Company shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Muddy Creek Wine Company by no later than the specified payment due date. Muddy Creek Wine Company shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. 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.

Service Fees

Certain services carry a setup fee charged by Muddy Creek Wine Company to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Muddy Creek Wine Company and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

We offer a 30 day Money back guarantee. Refunds: If client has retained the services for one year and has pre-paid Muddy Creek Wine Company for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Violations

Violations of these Acceptable Use Policies should be referred to lindeyanderson@muddycreekwine.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Account Activation

By activating your account with Muddy Creek Wine Company, you agree to the policies contained in this Terms of Use. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Although Muddy Creek Wine Company has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Muddy Creek Wine Company reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy

See Privacy Statement

Content

Proprietary Rights
User acknowledges that the site contains content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

Risk of Loss

The risk of loss and title for all items purchased via the buyiowawine.com site passes to the User upon delivery of the item to the carrier.

Age of Users

Buyiowawine.com and Muddy Creek do not intend the site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). Guardians must determine if any content or items available is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the buyiowawine site only under the supervision of Guardian. Only adults that are at least 21 years of age may purchase alcohol from buyiowawine.com

Indemnity

User agrees to indemnify and hold each Muddy Creek and buyiowawine.com harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.

Disclaimers and Limitations of Liability

THE BUYIOWAWINE.COM SITE IS PROVIDED BY MUDDY CREEK ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MUDDY CREEK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, MUDDY CREEK MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE BUYIOWAWINE.COM SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE BUYIOWAWINE.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE BUYIOWAWINE.COM SITE; OR (IV) THAT THE BUYIOWAWINE.COM SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF BUYIOWAWINE.COM ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

MUDDY CREEK DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE BUYIOWAWINE.COM SITE OR ANY RELATED SERVICES. THE OPERATION OF THE BUYIOWAWINE.COM SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF MUDDY CREEK.

UNDER NO CIRCUMSTANCES SHALL MUDDY CREEK BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BUYIOWAWINE.COM SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE BUYIOWAWINE.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BUYIOWAWINE.COM'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE BUYIOWAWINE.COM SITE.

MUDDY CREEK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE BUYIOWAWINE.COM SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF BUYIOWAWINE.COM OR MUDDY CREEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.


Applicable Law and Jurisdiction

The buyiowawine.com site is created and controlled by Muddy Creek in the State of Iowa. The laws of the State of Iowa will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of buyiowawine.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Johnson County, Iowa and waives any objection to the laying of venue of any litigation in said courts.