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Welcome to
Hostricity Web Hosting
Terms of Service
This is a contract between you and Hostricity Web
Hosting ("Hostricity Web Hosting"). It states the terms and conditions
which apply to your purchase and use, in any manner, of the Hostricity
Web Hosting web hosting, e-mail, domain services, and other products and
services (Collectively, the
"Services"), as described at
http://www.Hostricity.com (the "Site").
BY
USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL
POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED
BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES
BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END
USER OF THE SERVICES (COLLECTIVELY, THE ?END-USERS?). YOU AGREE TO
ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL
POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED
BY REFERENCE HERETO.
Hostricity Web Hosting reserves the right to change or modify this
Agreement, and any policy or guideline incorporated by reference at any
time and from time to time in its sole discretion, and to determine
whether and when any such changes apply to customers. Any changes or
modification will be posted by Hostricity Web Hosting, and become
effective upon posting of the revisions on the Site. Hostricity Web
Hosting will post a notice of such changes or modifications on the Site
for thirty (30) days. You are responsible for regularly reviewing the
Site to obtain timely notice of such changes or modifications. Your
continued use of the Services following Hostricity Web Hosting posting
of any changes or modifications will constitute your acceptance of such
changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY
MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY
PROVIDE NOTICE OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH
SECTION 1.1 BELOW.
1.
Term and Payment for Services
1.1 Term and Termination. The Services are provided on a fixed term
basis and shall be provided, unless Hostricity Web Hosting receives
additional payment from you, until the last day of the fixed term
("Termination Date"). Either party may at any time terminate this
Agreement, prior to the Termination Date, provided that Hostricity Web
Hosting will provide the Services until the Termination Date. Subject to
1.2 below, no credits shall be provided to you for the value of the
Services between the date that you notify Hostricity Web Hosting that
you no longer wish to receive the Services and the Termination Date.
Notice of Termination. You must provide Hostricity Web Hosting with
notice of termination in writing by U. S. Mail or by
e-mail (from the email account specified by you when first ordering the
Services) to
BillingDesk@Hostricity.com. You shall provide Hostricity Web Hosting
with sufficient identification information so that Hostricity Web
Hosting may properly identify you and your account. Any notice of
termination will be effective thirty (30) days following Hostricity Web
Hosting receipt thereof.
1.2 Thirty-Day Refund Policy. If you terminate this Agreement within
thirty (30) days of agreeing to be bound hereto, you shall receive a
refund for all amounts paid by you to Hostricity Web Hosting for the
Services, excluding any amounts paid for Non-Refundable Amounts. "Non-Refundable Amounts" include,
but are not limited to, set-up fees, Miva
Merchant license key fees, additional bandwidth charges, domain
registrations, website development and maintenance fees, additional storage charges,
and other charges which Hostricity has paid on your behalf.
1.3 Liability and Obligations on Termination. Should the Agreement
expire or be terminated for any reason, Hostricity Web Hosting will not
be liable to you because of such expiration or termination for
compensation, reimbursement or damages on account of the loss of profits
or sales (anticipated or actual), goodwill or on account of
expenditures, investments, leases or commitments in connection with your
business, or for any other reason whatsoever flowing from such
termination or expiration. Any termination of this Agreement shall not
relieve you of any obligations to pay fees and costs accrued prior to
the termination date. Hostricity Web Hosting shall not be obligated to
notify any third party of the termination of your account or provide any
termination assistance. Without limiting the generality of the
foregoing, Hostricity Web Hosting shall have no obligation to forward
any email messages, data, information or other content related to your
use of the Services, and you acknowledge that all such email messages,
data, information and content may be immediately deleted by Hostricity
Web Hosting.
1.4 Charges. You agree to pay all fees and charges (and applicable
taxes) incurred which relate to your use of the Services, in accordance
with the rates, terms and conditions established from time to time by
Hostricity Web Hosting. Such rates, terms and conditions will be posted
on the Site or otherwise made available to you by Hostricity Web
Hosting. Hostricity Web Hosting shall begin charging you on the date
that you subscribe for the Services, unless otherwise specified by
Hostricity Web Hosting. All prices on the Site are net of tax and you
shall be responsible for the payment of all federal, provincial, and
local sales, use, value added, excise, duty and any other taxes assessed
with respect to the Services, other than taxes based on Hostricity Web
Hosting' net income.
1.5 Payment. All charges for the Services must be paid in advance
according to the then current price applicable to the Services. When
ordering the Services through the sign-up server at the Site, you must
elect to pay for the Services by credit card. Hostricity Web Hosting
reserves the right to modify the forms of payment it will accept, at any
time, in its sole discretion.
1.6 Credit Card Payment. When you pay for the Services by credit card,
you expressly authorize Hostricity Web Hosting or its agents to charge
all fees and charges incurred by you under this Agreement to such credit
card, and such authorization will survive termination of this Agreement
until there are no charges owing by you under this Agreement. If you use
a credit card and Hostricity Web Hosting does not receive payment from
the card issuer, you agree to pay all amounts due, upon demand by
Hostricity Web Hosting. You must notify Hostricity Web Hosting of any
changes to your credit card account (including, without limitation,
applicable account number or cancellation or expiration of the account),
your billing address, or any information that may prohibit Hostricity
Web Hosting from charging your account.
1.7 Failure to Pay. If you fail to pay any fees and taxes within ten
(10) days from applicable due date for credit card payments, late
charges of the lesser of one and one-half per cent (1.5%) per month
(i.e. 18% per annum) or the maximum amount allowable under applicable
law shall also become payable by you to Hostricity Web Hosting. In
addition, your failure to fully pay any fees and taxes within ten (10)
days after the applicable due date will be deemed a material breach of
this Agreement, justifying Hostricity Web Hosting' immediate suspension
of its performance of the Services and/or termination of this Agreement.
You are responsible for any fees associated with reinstating the
Services. Any such termination would not relieve you from paying past
due fees plus interest. In the event of collection enforcement, you will
be liable for any costs associated with such collection, including,
without limitation, legal fees, court costs and collection agency fees.
2.
Use of Services
2.1 Responsibility for Use. You are responsible for use of the Services
and the maintenance of all passwords related to the Services. You are
solely responsible and liable for any and all activities that occur in
respect of your use of the Services, including without limitation all
activities of any users authorized by you or using your passwords. You
are also responsible for maintaining the confidentiality of all
passwords related to your use of the Services. You agree to immediately
notify Hostricity Web Hosting of any unauthorized use of the Services or
your passwords or of any other breach of security and to provide
assistance to Hostricity Web Hosting, as requested, to stop, prevent or
remedy any breach of security.
2.2 Applicable Policies and Agreements.
You will not use the Services for pornography, spamming, or any illegal
activities. Hostricity Web Hosting may deactivate your service at its
sole discretion for any of these activities. In the event of termination
under this provision, no credit or refund will be given.
Hostricity Web Hosting collects, stores, processes and uses information
associated with your use of the Services. You hereby consent to the
collection, use and disclosure by Hostricity Web Hosting and its agents
of your personal information (whether previously collected or to be
collected) as required to provide your Service. Hostricity Web Hosting
will not provide your information to third-parties except as stated
above. Your information will not be divulged to legal authorities except
as required by and in accordance with applicable statute..
The Domain Registration Agreements at
http://www.Hostricity.com/gtld_reg_agreement.htm and
http://www.Hostricity.com/disputeresolutonpolicy.htm govern the use
of domain names and applicable dispute resolution processes.
All agreements and policies may be updated or amended from time-to-time.
2.3 Material and Product Requirements. You must ensure that all material
and data placed on Hostricity Web Hosting' equipment is in a condition
that is "server-ready," which is in a form requiring no additional
manipulation by Hostricity Web Hosting. Hostricity Web Hosting will make
no effort to validate any of this information for content, correctness
or usability. In the event that your material is not "server-ready",
Hostricity Web Hosting has the option at any time to reject this
material. Hostricity Web Hosting will notify you of its refusal of the
material and afford you the opportunity to amend or modify the material
to satisfy the needs and/or requirements of Hostricity Web Hosting. Use
of the Services requires a certain level of knowledge in the use of
Internet languages, protocols and software. This level of knowledge
varies depending on the anticipated use and desired content of your web
site. You must have the necessary knowledge to create and maintain a web
site. It is not Hostricity Web Hosting' responsibility to provide this
knowledge or customer support. Hostricity offers these services for a
fee. Please contact Hostricity for a price list.
2.4 Bandwidth, Storage, and E-Mail Use. You agree that use of the
Services hereunder will not exceed the bandwidth, storage and E-mail
usage limits set out in the Site for the Services ordered by you. If you
use any bandwidth or storage space in excess of the agreed upon number
of megabytes per month or if you exceed E-Mail storage and attachment
size limitations, Hostricity Web Hosting may, in its sole discretion,
assess you with additional charges according to Hostricity Web Hosting'
then current pricing policy, suspend the performance of the Services, or
terminate this Agreement. In the event that Hostricity Web Hosting
elects to take any corrective action, you will not be entitled to a
refund of any unused pre-paid fees. Warning messages will be emailed to
you as you exceed 80% and 90% of your package's respective bandwidth and
disk space limits. If payment for extra usage is not received within two
weeks of the invoice date, the expiry date of the account will be
adjusted according to the amount outstanding.
2.5 Domain Names. As part of the Services, you will provide Hostricity
Web Hosting with a registered domain name or names or Hostricity Web
Hosting will register such domain name(s) selected by you, provided that
such domain name is available for registration and does not violate any
registrar?s policies, or any law or regulation. You agree to promptly
reimburse Hostricity Web Hosting for any fees paid by Hostricity Web
Hosting to any registrar with respect to the registration and
maintenance of such domain name(s). In the event of any dispute or cause
of action arising out of or related to your domain name used in
connection with the Services, upon your request Hostricity Web Hosting
will attempt to register with the registrar an alternative domain name
chosen by you. You agree to be bound by the terms the registrar?s then
current domain name policy and/or the policies of the national DNS
registration authorities to which you become subject upon registration
of a domain name. The inability to use a domain name shall not entitle
you to a refund by Hostricity Web Hosting of any fees paid with respect
to the registration of such unusable domain name. There is no charge for
indefinite parking of domains on Hostricity Web Hosting servers or to
transfer to another service provider. However, in the event a domain
that was registered by Hostricity Web Hosting is transferred to another
service provider, and requires manual intervention by Hostricity Web
Hosting support staff to complete the transfer, there will be an
administrative transfer cost charged for each domain plus applicable
taxes. Domain Parking does NOT include any hosting services. You may not
submit your own DNS entries because Hostricity Web Hosting is NOT a
Registrar and hosting services for domain names residing on the
Hostricity Web Hosting system must be provided by Hostricity Web
Hosting. Domain name payments are non-refundable. Once a domain name is
registered, the WHOIS database stores the information and is kept there
for a period of one year, until the date of renewal. Payment with
respect to domain names will NOT be refunded or credited to your credit
card. You are responsible for spelling a domain name correctly while
registering it online. Hostricity Web Hosting will not provide refunds
or credits for misspelled domain names. If you misspelled a domain name,
contact Hostricity immediately. We may be able to correct the error. We
charge $2.00 per domain for this service and will only charge you if we
can correct the spelling.
2.6 Miscellaneous Components. You acknowledge that the Services do not
include, without limitation, content design, development, FTP master
maintenance, uploading and publishing, Common Gateway Interface scripts
and other such executables and that all of the foregoing are your
responsibility. You may not compile or install binary files other than
the ones provided by Hostricity Web Hosting. Hostricity Web Hosting does
not make C compilers available and the PERL binaries provided will not
have networking support (for example, socket ph, ftp.pl, etc.) You may
use ftp to access your home directory for the purpose of installing and
editing your web pages. Hostricity offers these services for a fee.
Please contact Hostricity for a price list.
3.
Intellectual Property Rights
3.1 Hostricity Web Hosting Property. You hereby acknowledge and agree
that all programs (in object code and source code form), data, services,
processes, designs, technologies, materials and all other things
comprising the Services are owned by and shall remain the sole property
of Hostricity Web Hosting, its licensors or its suppliers and are
protected by applicable copyrights, trade-marks, patents, trade secrets
and/or other proprietary rights and laws. Hostricity Web Hosting shall
also maintain and control ownership of all Internet protocol ("IP")
numbers and email addresses that may be assigned to you by Hostricity
Web Hosting. Hostricity Web Hosting reserves, in its sole discretion,
the right to change or remove any and all such IP numbers and email
addresses at any time.
3.2 Your Content. Hostricity Web Hosting does not claim ownership of
information, materials, software or other content (collectively, the
"Content") that you post, upload, input, provide, submit or otherwise
transmit to Hostricity Web Hosting or any third party, using the
Services. However, you agree that by posting, uploading, inputting,
providing, submitting or otherwise transmitting the Content to
Hostricity Web Hosting or any third party, using the Services, you have
thereby granted Hostricity Web Hosting a royalty-free, non-exclusive
license to use, copy, distribute, transmit, display, edit, delete,
publish and translate such content to the extent reasonably required by
Hostricity Web Hosting for the purposes of rendering and operating the
Services to you under this Agreement or to ensure adherence to or
enforce the terms of this Agreement You expressly (a) grant to
Hostricity Web Hosting a license to cache the Content, and (b) agree
that such caching is not an infringement of any of your rights or any
third party's rights.
4.
Enforcement
4.1 Investigation of Violations. Hostricity Web Hosting may investigate
any reported violation of this Agreement, its policies and guidelines or
any complaints and take any action that it deems appropriate and
reasonable under the circumstance to protect its interests, including
without limitation, its systems, servers, facilities, customers and/or
third parties. Hostricity Web Hosting will not access or review the
contents of any e-mail or similar stored electronic communications
except as required or permitted by applicable law or legal process.
4.2 Actions. Hostricity Web Hosting reserves the right in its sole and
absolute discretion to restrict or remove from its servers any content
that it deems to be in violation of this Agreement, its policies or
guidelines, third-party intellectual property rights or any laws.
Hostricity Web Hosting may immediately take action, including, but not
limited to, (a) issuing warnings, (b) suspending or terminating the
Services, (c) restricting or prohibiting any and all uses of content
hosted on Hostricity Web Hosting' systems, and/or (d) disabling or
removing: (i) any hypertext links to third-party web sites, (ii) any of
your content distributed or made available for distribution via the
Services, or (iii) other content not supplied by Hostricity Web Hosting.
It is Hostricity Web Hosting' policy to terminate Services to
infringers. The above stated rights of action, however, do not obligate
Hostricity Web Hosting to monitor or exert editorial control over the
information made available for distribution via the Services and you
acknowledge that Hostricity Web Hosting has no obligation to censor or
monitor use of the Services by you, or any obligation to censor or
monitor any content, material or other information sent, received or
accessible through the Services. In the event Hostricity Web Hosting
takes action due to such possible violation, Hostricity Web Hosting
shall not be obligated to refund to you any fees paid in advance of such
action.
4.3 Disclosure Rights. To comply with applicable laws and lawful
governmental requests, to protect Hostricity Web Hosting' systems and
customers, or to ensure the integrity and operation of Hostricity Web
Hosting' business and systems, Hostricity Web Hosting may access and
disclose any information it considers necessary or appropriate,
including, without limitation, user profile information (i.e., name,
e-mail address, etc.), IP address and traffic information, usage
history, and content residing on Hostricity Web Hosting' servers and
systems. Hostricity Web Hosting also reserves the right to report any
activity that it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other appropriate third
parties. To the extent any inconsistency exists between any terms of
Hostricity Web Hosting' Privacy Policy and Hostricity Web Hosting's
right to disclose under this section, Hostricity Web Hosting's right to
disclose under this section will prevail.
5.
Warranties and Disclaimers
5.1 Your Warranties and Representations to Hostricity Web Hosting. You
warrant, represent, and covenant to Hostricity Web Hosting that (a) you
are at least eighteen (18) years of age; (b) you possess the legal right
and ability to enter into this Agreement; (c) you will use the Services
only for lawful purposes and in accordance with this Agreement and all
applicable policies and guidelines; (d) you will be financially
responsible for use of the Services; (e) you have acquired or will
acquire all authorization(s) necessary for hypertext links to
third-party web sites; (f) you have verified or will verify the accuracy
of materials distributed or made available for distribution via the
Services, including, without limitation, your Content, descriptive
claims, warranties, guarantees, nature of business, and address where
business is conducted, and (g) your Content does not and will not
infringe or violate any right of any third party (including any
intellectual property rights) or violate any applicable law, regulation
or ordinance.
5.2 Warranty and Disclaimer. THE SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. Hostricity Web Hosting DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although
Hostricity Web Hosting will use commercially reasonable measures to
maintain the security of the Services, Hostricity Web Hosting assumes no
responsibility for the effectiveness of these security measures provided
by Hostricity Web Hosting.
6.
Exclusion and Limitation of Liability
6.1 Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, IN NO EVENT SHALL Hostricity Web Hosting, ITS PARENTS,
SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND
DISTRIBUTORS (COLLECTIVELY, THE "Hostricity Web Hosting ENTITIES" AND
EACH, A "Hostricity Web Hosting ENTITY") BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY
OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES
FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA,
ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE
SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF
THE Hostricity Web Hosting ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR
LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS,
INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY,
VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR
DATA OVER OR THROUGH Hostricity Web Hosting' SYSTEMS OR NETWORKS OR THE
SYSTEMS OR NETWORKS OF THIRD PARTIES.
6.2 Limitation of Liability. CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE
ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE Hostricity Web
Hosting ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE
Hostricity Web Hosting ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF
(A) THE AMOUNT ACTUALLY PAID TO Hostricity Web Hosting BY YOU UNDER THIS
AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON
WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE HUNDRED (US$100.00) US
DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH
OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY Hostricity Web Hosting HEREUNDER
HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK.
ACCORDINGLY, YOU HEREBY RELEASE THE Hostricity Web Hosting ENTITIES FROM
ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE
LIMITATION STATED IN THIS PARAGRAPH.
6.3 Interruption of Service. You hereby acknowledge and agree that
Hostricity Web Hosting and its suppliers will NOT be liable for any
delay, outages or interruptions of the Services. Further, Hostricity Web
Hosting shall not be liable for any delay or failure to perform its
obligations under this Agreement, where such delay or failure results
from any act of God or other cause beyond its reasonable control
(including, without limitation, any mechanical, electrical electronic,
communications or third-party supplier failure).
7.
Indemnification
7.1 Indemnity to Hostricity Web Hosting. You hereby release and hold
harmless, and agree to indemnify, the Hostricity Web Hosting Entities
against any and all claims, actions, proceedings, suits, liabilities,
damages, settlements, penalties, fines, costs or expenses (including,
without limitation, reasonable attorneys' fees and other litigation
expenses) incurred by the Hostricity Web Hosting Entities, arising out
of or relating to (a) your violation or breach of any term, condition,
representation or warranty of this Agreement, or any applicable policy
or guideline; (b) your use the Services; or (c) your violation, alleged
violation, or misappropriation of any intellectual property right
(including, without limitation, trademark, copyright, patent, trade
secrets) or non-proprietary right of a third party (including, without
limitation, defamation, libel, violation of privacy or publicity).
7.2 Third Party Beneficiaries. You are hereby notified that the
Hostricity Web Hosting Entities are intended third-party beneficiaries
of this Agreement, with a right of enforcement of the exclusions and
limitations of liability and the indemnities contained in this
Agreement.
8.
General Provisions
8.1 Entire Agreement. This Agreement, including any domain registration
agreements, documents, web sites, rules, terms, policies and guidelines
referenced herein, constitutes the entire agreement between Hostricity
Web Hosting and you with respect to the matters referred to in this
Agreement and supersedes all prior and contemporaneous agreements and
understandings, whether electronic, oral or written, between Hostricity
Web Hosting and you with respect to such matters.
8.2 No Waiver. The failure of Hostricity Web Hosting to insist upon or
enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course
of conduct between you and Hostricity Web Hosting nor trade practice
shall act to modify any provision of this Agreement.
8.3 Severability. In the event that any portion of this Agreement is
held to be invalid or unenforceable, the invalid or unenforceable
portion shall be construed in accordance with applicable law as nearly
as possible to reflect the original intention of you and Hostricity Web
Hosting and the remainder of this Agreement shall remain in full force
and effect.
8.4 Choice of Laws. This Agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario without reference to
rules governing choice of laws and the federal laws of Canada applicable
therein. You hereby irrevocably consent to the exclusive jurisdiction of
the courts of the Province of Ontario and the federal courts situated in
the Province of Ontario in connection with any matter arising under this
Agreement. Use of the Services in any jurisdiction that does not give
effect to all provisions of this Agreement, including without limitation
this paragraph, is prohibited.
8.5 Successor Sites. All references to Hostricity Web Hosting web site
addresses in this Agreement shall also include any successor or
replacement web sites containing substantially similar information as
the referenced web site(s).
8.6 Assignment. Hostricity Web Hosting may at any time assign its rights
and obligations under this Agreement, in whole or in part, without
notice to you. You may not assign this Agreement.
8.7 Enurement. This Agreement will ensure to the benefit of and bind you
and Hostricity Web Hosting and its respective personal and legal
representatives, successors and permitted assigns.
8.8 Currency. All monetary amounts expressed in this Agreement are in US
dollars, unless otherwise expressly stated.
8.9 Cumulative Rights. The rights, powers and remedies of Hostricity Web
Hosting in this Agreement, including without limitation the right to
suspend, restrict or terminate Services, are cumulative and in addition
to and not in substitution for any right, power or remedy that may be
available to Hostricity Web Hosting at law or in equity.
8.10 Survival. Any provisions, including without limitation the
disclaimers of warranty and limitations and exclusions of liability
contained herein, that by their meaning are intended to survive
termination of this Agreement shall survive the termination of this
Agreement.
8.11 Independent Contractors. You agree that no joint venture,
partnership, employment or agency relationship exists between Hostricity
Web Hosting and you as a result of this Agreement or use of the
Services.
8.12 Headings. The section headings in this Agreement are for
convenience only and have no legal or contractual effect.
8.13 Notices. Any notices or other communications sent by Hostricity Web
Hosting to you shall be deemed to have been duly given and delivered to
you when delivered by email to the account specified by you when first
ordering the Services
Any notices or other communications sent by you to Hostricity Web
Hosting shall be deemed to have been duly given and delivered to
Hostricity Web Hosting when delivered by email to
BillingDesk@Hostricity.com. |
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