(207) 716-9079

Legal Notices

Terms of Use

Acadia Marketing LLC

1. Acceptance of Terms

These Terms of Use (the "Terms") govern your access to and use of acadiamarketingmaine.com and any page, subdomain or transfer page that Acadia Marketing LLC, a Maine limited liability company ("Acadia Marketing LLC," "we," "us"), operates or issues to clients (collectively, the "Sites"). By accessing or using any Site, you agree to be bound by these Terms. If you do not agree, do not use the Sites.

Where you have a separate written agreement with us for services, that agreement controls to the extent it conflicts with these Terms. Hosting of client sites continues under the existing agreements.

2. Eligibility

You may use the Sites only if you are at least eighteen years of age, are able to form a binding contract under applicable law, and are not barred from using the Sites under any applicable law. If you use a Site on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.

3. Our Services

We provide website design and development, website hosting, domain name management, email setup, search and advertising management, and client website and domain transfer services. Descriptions of services on the Sites are general in nature. The scope, fees and responsibilities for any engagement are set out in the applicable agreement between us and the client.

4. Permitted Use of the Sites

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and view the Sites for lawful purposes connected with evaluating, requesting or receiving our services. You may not use the Sites for any other purpose without our prior written consent.

5. Transfer Pages, Access Codes and Transfer Codes

We may issue a transfer page to a named designated recipient. A transfer page is protected by an access code and may contain domain transfer (EPP) codes, referred to in these Terms as transfer codes, and website source files. Access codes, transfer codes and files are confidential and are intended only for the designated recipient and parties the designated recipient authorizes.

  • You must keep every access code, transfer code and file secure and must not share, publish or transfer them to anyone who is not authorized.
  • You are responsible for all activity that occurs using an access code issued to you.
  • If you are not the designated recipient, or you did not expect a transfer page, you must not use any access code, transfer code or file and should notify us at info@acadiamarketingmaine.com.
  • A transfer code moves a domain to another registrar. After a transfer, the domain and its renewals belong to the new registrant. Live sites remain on Acadia Marketing LLC hosting under the existing agreements until the cutover is complete.

Visits to and downloads from transfer pages are logged with date, time, IP address and browser for security purposes, as further described in our Privacy Policy.

6. Prohibited Conduct

You agree not to:

  • attempt to guess, circumvent, bypass or defeat any access code or other security measure;
  • access, download or use any transfer code or file that was not issued to you or that you are not authorized to receive;
  • interfere with or disrupt the Sites, our servers or networks, or the sites of our clients;
  • introduce malware, scrape or harvest data by automated means, or probe the Sites for vulnerabilities without our written permission;
  • use the Sites to violate any law or the rights of others, or to transmit unlawful, fraudulent, defamatory or infringing material;
  • impersonate any person or entity or misrepresent your affiliation or authority; or
  • copy, frame or mirror any part of the Sites except as these Terms permit.

7. Intellectual Property

The Sites, including their text, graphics, layout, code, trademarks and logos, are owned by or licensed to Acadia Marketing LLC and are protected by intellectual property laws. Nothing in these Terms transfers any ownership interest to you. Ownership and licensing of work product we deliver to clients is governed by the applicable service agreement. Source files made available on a transfer page may be subject to terms in that agreement and to the rights of third-party software and content owners.

If you believe material on a Site infringes your rights, send notice to info@acadiamarketingmaine.com with enough detail for us to identify the material and your claim.

The Sites may link to or rely on websites, registrars, hosting providers and services that we do not control. We do not endorse and are not responsible for their content, policies or practices. Your use of third-party services is governed by their own terms.

9. Disclaimers

THE SITES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

We do not warrant that the Sites will be uninterrupted, secure or error-free. Information on the Sites is general and is not a guarantee of any result from any service.

10. Limitation of Liability

To the fullest extent permitted by law, Acadia Marketing LLC and its members, managers, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to your use of the Sites. Our total liability for any claim relating to the Sites will not exceed the amount you paid us, if any, for the use of the Sites in question. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

11. Indemnification

You agree to defend, indemnify and hold harmless Acadia Marketing LLC and its members, managers, employees and contractors from claims, losses, liabilities and expenses, including reasonable attorneys' fees, arising from your breach of these Terms, your misuse of any access code, transfer code or file, or your violation of any law or third-party right.

12. Termination

We may suspend or terminate your access to any Site, or disable any access code, at any time and without notice if we believe you have violated these Terms or if we need to protect the security of the Sites or our clients. Sections that by their nature should survive termination, including those on intellectual property, disclaimers, limitation of liability, indemnification and governing law, will survive.

13. Changes to These Terms

We may revise these Terms by posting the updated version on the Sites. Your continued use of a Site after an update is posted constitutes acceptance of the revised Terms.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Maine, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Sites will be brought exclusively in the state or federal courts located in Cumberland County, Maine, and you consent to the personal jurisdiction of those courts.

15. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent. These Terms, together with any applicable service agreement, are the entire agreement between you and us regarding the Sites.

16. Contact

Acadia Marketing LLC
218 Pond Road, Wilton, ME 04294
Email: info@acadiamarketingmaine.com
Phone: (207) 716-9079

All notices to us under these Terms must be sent to the email address above.

All legal notices