Terms of Use

Welcome to The Ash Fox Group's website (ashfox.com). This website is best viewed using a contemporary browser. This document supersedes and replaces the TOS of Bluebox Agency, which is now a wholly-owned subsidiary of The Ash Fox Group. Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy, and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or website. We suggest you print a copy of each of these documents for your records. The Ash Fox Group shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time; and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on May 20, 2005.

Disclaimer: Portions of this website, in particular snippets and trailers of The Ultimate Gift™, are for entertainment purposes only, and are not intended to suggest anything otherwise. It is provided to you solely for your own personal enjoyment and non-commercial use; and is protected by copyright law; therefore the textual content of the site, as well as any media publicly available on our site, may not be distributed, resold, shown in a public display or performance, or used by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may not display, download, archive, or print any information, including media. The performance of this website and all information contained on — downloaded or accessed from this website — are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of results, fitness for a particular purpose or non-infringement of the rights of third parties. The Ash Fox Group shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website. The Ash Fox Group reserves the right, at its sole discretion, to modify, disable access to or discontinue — temporarily or permanently — any part or all of this website, or any information contained thereon, without liability or notice to you. As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall The Ash Fox Group or any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if The Ash Fox Group or such provider has been advised of the possibility of such damages.

Privacy Policy: You have read and understand the terms and conditions of our Privacy Policy, located at: http://www.ashfox.com/privacy-policy/.

Confidentiality and Transmissions Over the Internet: The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential when requested of by law enforcement, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations: You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

  • upload, post or otherwise transmit through or to this website any content that: is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable; might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; contains any viruses, trojan horses, time bombs, or any other harmful programs or elements (e.g. malware);
  • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
  • provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  • attempt to transmit junk mail via our forms, including chain letters or other unsolicited bulk e-mail or duplicative messages;
  • collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any personal data or e-mail addresses;
  • sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by The Ash Fox Group;
  • redistribute any content, including commentary, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
  • intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data.

By uploading, posting or otherwise transmitting through or to our website any content, via FTP or areas designated for discussion and/or comments, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

Indemnification by User: You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services: Links or pointers, when we choose to add them, to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights: The Ash Fox Group logo, Ash Fox®, Get Foxified®, Foxify Me®, We've got your online world covered™, Imagination to Stir Your Soul™ and The Ultimate Gift™ are trademarks and/or registered trademarks of The Ash Fox Group, and shall remain the exclusive property of The Ash Fox Group LLC, and any unauthorized use of these marks is unlawful. Other trademarks on this website are the property of their respective owners. All content on this website, including, without limitation, all interface text, documentation and graphics, is the copyrighted property of The Ash Fox Group and is protected by international copyright law. The interface layout and design is the copyrighted property of The Ash Fox Group LLC. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Notice of Failed Payments, Suspended Service and Loss of Service: The Ash Fox Group assesses a $200 reinstatement fee for clients whose accounts are suspended due to (1) final invoices for website creation (otherwise known as "going live") that are not paid within 7 business days of due date on invoice; (2) non-payment of open invoices that are 15 days past due and/or (3) a payment made fails to clear and a subsequent payment attempt isn't made within 24 hours or fails again or (4) website development, after having commenced, has not been completed within 12 months from date of inception. When an account is suspended, you need to contact us to make arrangements to turn your site back on. The account will be suspended for 30 days to give you time to make payment arrangements. If, after an additional 30 days (60 days after the original invoice date), payment (including the reinstatement fee) has not been received, the suspended account will be treated as abandoned and webhosting services will be terminated entirely from the server at the datacenter. Fees paid in advance, such as webhosting fees, will be forfeited.

Termination of Account: Data Retrieval Notice: When an account is no longer hosted on our server, we lose the ability to access any portion of it because your web files, email, databases, scripts, and all backups are deleted automatically when your account is canceled. It is therefore imperative that, prior to canceling webhosting services, you or your technical representative migrate your data to your new webhosting provider. In very rare and specific situations (such as the first 24 hours following the termination of your webhosting account), we may have access to an archive. Should you need us to use the archive to rebuild your site (files and mail available up to the point of cancelation), we assess a $500 processing fee.

Notice of Copyright/Trademark Infringement: Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. No outside work has been used by our team. However, we do receive several projects where it is very difficult to ascertain the copyright holder because of documents provided to us. If you believe that your work has been reproduced on this or any website we've created in a manner that constitutes copyright infringement, please provide a notice of copyright infringement (with the four required identifying information documents listed below the address) containing all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright/trademark infringement should be sent to us at:

Attn: Copyright/Trademark Notification
The Ash Fox Group LLC
591 E Plaza Cir Unit 1999
Litchfield Park, AZ 85340-1999

with the first three (four, if copyright/trademark is owned by a corporation) sources of identification/documentation: 1). URL address on our site where copyrighted/trademarked material is found; 2). URL address supporting ownership (e.g. Library of Congress "Search Copyright Information" page located at http://www.copyright.gov/records/ or, in the case of a trademark dispute, USPTO's website at http://www.uspto.gov/trademarks/; 3). identifying personal/corporate identification (e.g. driver's license, corporate articles of incorporation); 4). request printed on letterhead.

General: If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. You agree that these Terms of Use, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available (such as Google's translator program, etc.), such translations may not be up to date or complete, and don't constitute any form or replacement of communications provided in English; therefore, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations you've created thereto, the English language version of such documents (posted on our website) shall govern. These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America, and are applicable therein, without regard to conflict of laws provisions thereto.

Contact Information: If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us.