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1. Term and
Payment for Services
1.1. Term. This
Agreement shall be in effect for an "Initial Term" as specified by you
when you submit the electronic order form at the time you register for
the Services. This Agreement will be automatically renewed (the "Renewal
Term") at the end of the Initial Term for the same period as specified
in the Initial Term unless you change the Renewal Term using the online
control panel or cancel your service in accordance with our current
cancellation policy posted on our website. Upon canceling the Services,
you may asked to provide ASPwebhosting.com with personally identifiable
information so that ASPwebhosting.com may properly identify you as
person authorized to cancel your account. Any notice of
termination will be effective upon receipt of the cancellation request
electronically via our website or by telephone to our billing
department.
1.2. Termination
Policy. If you terminate the Services prior to the end of the
Initial Term or the Renewal Term, whichever is then applicable, any
payment due to ASPwebhosting.com or refund due to Customer will be
governed by the current cancellation policy posted on our website and
will be based upon the current plan type for your service. The posted
cancellation policy will govern all payments due. You acknowledge and
agree that Termination of your account for violation of
ASPwebhosting.com's Acceptable Use Policy constitutes your waiver of any
refund due even if you have made a prepayment.
1.3 Default and
Cure. In the event that either party hereto
defaults in the performance of any of its material duties or obligations
under this Agreement, including failure to make any payments due under
this Agreement, and such default is not cured within ten (10) days after
written notice is given to the defaulting party specifying the default,
then the party not in default, after given written notice thereof to the
defaulting party, may terminate this Agreement.
1.4. Billing
Cycles. ASPwebhosting.com provides customers
several billing cycles from which to choose when signing up for service,
including, but not limited to (a) monthly billing, (b) quarterly
billing, and (c) annual billing. ASPwebhosting.com will bill Customer on
a recurring basis according to the billing cycle selected by the
Customer. The Customer may change the billing cycle using the online
control panel at any time prior to the next billing period. The Customer
understands that ASPwebhosting.com has no obligation to refund any
prepayment made by the Customer should the customer choose to change the
billing cycle after a payment has been made.
1.5. Charges.
You agree to pay for all charges attributable to your use
of the Services at the then current ASPwebhosting.com prices, which
shall be exclusive of any applicable taxes. You are responsible for the
payment of all federal, state, and local sales, use, value added,
excise, duty and any other taxes assessed with respect to the Services,
other than taxes based on ASPwebhosting.com's net income.
1.6. Payment. All
charges for Services must be paid in advance according to the then
current prices applicable to the Services. Upon entering this
Agreement, you choose to pay by direct charge to a credit or debit card
and receive an electronic receipt for each transaction processed by
ASPwebhosting.com. If you choose to pay by credit or debit card upon
registering for the Services, you thereby authorize ASPwebhosting.com to
charge your credit or debit card to pay for any charges that may be
attributed to your use of the Services. You agree that ASPwebhosting.com may accumulate any
supplemental charges, incurred by you in your use of the Services
("Supplemental Charges") until such charges exceed $10 and then charge
your account. You must notify ASPwebhosting.com of any changes to your
card account (including, without limitation, applicable account number
or cancellation or expiration of the account), your billing address, or
any information that may prohibit ASPwebhosting.com from charging your
account. If you fail to pay any fees and taxes within seven (7) days
from applicable due date for credit card payments, the Customer account
shall be put into a suspension period of an additional seven (7) days.
During this time Customer access to the services may be restricted. If
during this seven (7) day suspension period, Customer provides valid
payment information and pays the balance due in-full, service will be
reinstated upon the processing of the new payment information. In
addition, your failure to fully pay any fees and taxes within fourteen
(14) days after the applicable due date will be deemed a material breach
of this Agreement, justifying ASPwebhosting.com's suspension of its
performance of the Services and/or termination of this Agreement. You
are responsible for any fees associated with reinstatement of Services.
Any such suspension or 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, reasonable attorneys' fees, court costs
and collection agency fees.
2. Use of
Services
2.1. Applicable Use
Policy. The ASPwebhosting.com Acceptable Use Policy (the "AUP") governs the general policies and procedures for use of the
Services. The AUP is posted on ASPwebhosting.com's Web site
(or such other location as ASPwebhosting.com may specify) and may be
updated from time-to-time. YOU SHOULD CAREFULLY READ THE AUP.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS. ASPWEBHOSTING.COM RESERVES THE RIGHT TO
TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE AUP OR THIS
AGREEMENT.
2.2. Material and
Product Requirements. Unless we have agreed otherwise in a separate
agreement, you must ensure that all material and data placed on
ASPwebhosting.com's equipment is in a condition that is "server-ready,"
which is in a form requiring no additional manipulation by
ASPwebhosting.com. ASPwebhosting.com will make no effort to validate
any of this information for content, correctness or usability. If your
material is not "server-ready", ASPwebhosting.com has the option at any
time to reject this material. ASPwebhosting.com 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
ASPwebhosting.com. 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 ASPwebhosting.com's
responsibility to provide this knowledge or customer support outside of
the Services agreed to by you and ASPwebhosting.com.
2.3. Bandwidth and
Storage Usage. You agree that use of the Services under this
Agreement will not exceed the bandwidth and storage usage limits as
described on our website for your current plan type. If you
use any bandwidth or storage space in excess of the agreed upon number
of megabytes per month, you agree to pay the associated additional
charges.
2.3.1. Disk Space
Management. You agree that ASPwebhosting.com may utilize certain tools
both automated and manual in design that allow ASPwebhosting.com's
support staff to maximize the efficiency of disk space utilization
within Customers account space. These tools will be used to compress
and archive log files for the account for the purpose of maximizing
useable disk space within the account. If Customer requires archived
data for statistical analysis purposes or for local copy retention,
customer may request that an archived log file set be provided by
the ASPwebhosting.com support staff. The default schedule for archiving
of log files is set at one (1) day. and archives are stored on an
archive server every one (1) week.
2.4. Load
Balanced
Server Uptime guarantee. ASPwebhosting.com shall make all reasonable
attempts to provide 100% Service availability ("Uptime"). This uptime shall be
monitored by ASPwebhosting.com, and upon customer request, a written
summary of any downtime incurred within the previous month
shall be provided to the customer. The 100% uptime shall be monitored
and computed as the aggregate uptime of each calendar month. In the case
that ASPwebhosting.com fails to provide uptime equal to 99.9993% during
any calendar month, upon receipt of a written request from customer,
ASPwebhosting.com shall issue customer a credit for service equal to,
but not exceeding the amount paid by customer
for the Services, excluding any fees for bandwidth, excess disk space,
labor or other charges not included in the customers selected plan. In no event, shall the
credited amount for any period of
unscheduled downtime exceed the amount paid to ASPwebhosting.com in one
calendar month for the base services provided for the customers selected
plan type.
2.5. Dedicated
Server Uptime guarantee. ASPwebhosting.com shall make all
reasonable attempts to provide 100% Service availability ("Uptime"). This uptime shall be
monitored by ASPwebhosting.com, and upon customer request, a written
summary of any downtime incurred within the previous month
shall be provided to the customer. The 100% uptime shall be monitored
and computed as the aggregate uptime of each calendar month. In the case
that ASPwebhosting.com fails to provide uptime equal to 99.993% during
any calendar month, upon receipt of a written request from customer,
ASPwebhosting.com shall issue customer a credit for service equal to,
but not exceeding the amount paid by customer
for the Services, excluding any fees for bandwidth, excess disk space,
labor or other charges not included in the customers selected plan. In no event, shall the
credited amount for any period of
unscheduled downtime exceed the amount paid to ASPwebhosting.com in one
calendar month for the base services provided for the customers selected
plan type.
2.6. Shared Uptime
Guarantee. ASPwebhosting.com shall make all reasonable attempts to
provide 100% Service availability ("Uptime"). The 100% uptime shall be
monitored and computed as the aggregate uptime of each calendar month.
In the case that ASPwebhosting.com fails to provide uptime equal to
99.93% during any calendar month, upon receipt of a written request from
customer, ASPwebhosting.com shall issue customer a credit for service
equal to, but not exceeding the amount paid by customer
for the Services, excluding any fees for bandwidth, excess disk space,
labor or other charges not included in the customers selected plan. In no event, shall the
credited amount for any period of
unscheduled downtime exceed the amount paid to ASPwebhosting.com in one
calendar month for the base services provided for the customers selected
plan type.
2.7.
ASPwebhosting.com may from time to time schedule maintenance
periods resulting in Service interruptions. These maintenance periods
will be announced in advance via e-mail to the primary technical contact
for the account. Unless an exemption request is provided in writing from
customer within 24 hours of the time the maintenance notice is sent by
ASPwebhosting.com, customer agrees these maintenance periods shall be exempt from the
uptime guarantee contained herein, and a credit will be provided only in
the event that the scheduled downtime extends beyond the announced
maintenance window. ASPwebhosting.com agrees to make all reasonable
effort to limit direct maintenance on customer equipment to no more than
two (2) times
each month. The preferred maintenance window will be Sunday morning from
12:01AM EST to 2:01AM EST. Customer acknowledges that ASPwebhosting.com
may from time to time be required to perform emergency maintenance
activities, including, but not limited to, installing security patches,
service packs and other related updates to hardware and software, to the network and supporting equipment. Customer agrees
that these emergency maintenance activities fall outside of the scope of customer
operated equipment and may lead to downtime and latency beyond the
control of ASPwebhosting.com. Customer
waives all claims relating to these unannounced indirect maintenance
outages.
3.
Enforcement
3.1. Investigation of
Violations. ASPwebhosting.com may investigate any reported or suspected
violation of this Agreement, its policies or any complaints and take any
action that it deems appropriate and reasonable under the circumstance
to protect its systems, facilities, employees, customers and/or third parties.
ASPwebhosting.com 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 or permitted by the owner
of said e-mail or stored electronic communications.
3.2. Actions.
ASPwebhosting.com reserves the right and has absolute discretion to
restrict or remove from its servers any content that violates this
Agreement, the AUP or related policies or guidelines, or is otherwise
objectionable or potentially infringing on any third party's rights or
potentially in violation of any laws. If ASPwebhosting.com becomes aware of any
possible violation by you of this Agreement, any related policies or
guidelines, third party rights or laws, ASPwebhosting.com may
immediately take corrective action, including, but not limited to, (a)
issuing warnings, (b) suspending or terminating the Service, (c)
restricting or prohibiting any and all uses of content hosted on
ASPwebhosting.com's systems, and/or (d) disabling or removing any
hypertext links to third-party Web sites, any of your content
distributed or made available for distribution via the Services, or
other content not supplied by ASPwebhosting.com which, in
ASPwebhosting.com's sole discretion, may violate or infringe any law or
third-party rights or which otherwise exposes or potentially exposes
ASPwebhosting.com to civil or criminal liability or public ridicule. It
is ASPwebhosting.com's policy to terminate repeat infringers.
ASPwebhosting.com's right to take corrective action, however, does not
obligate us to monitor or exert editorial control over the information
made available for distribution via the Services. If ASPwebhosting.com
takes corrective action due to such possible violation,
ASPwebhosting.com shall not be obligated to refund to you any fees paid
in advance of such corrective action, nor does such action eliminate
customer responsibility to pay for Services rendered but not yet paid,
including, but not limited to, excess bandwidth charges, excess disk
space usage, labor or other related services.
3.3. Disclosure
Rights. To comply with applicable laws and lawful governmental requests,
to protect ASPwebhosting.com's systems and customers, or to ensure the
integrity and operation of ASPwebhosting.com's business and systems,
ASPwebhosting.com 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 addressing and
traffic information, usage history, and content residing on
ASPwebhosting.com's servers and systems. ASPwebhosting.com 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.
4.
Intellectual Property Rights
4.1. Your License
Grant to ASPwebhosting.com. You hereby grant to ASPwebhosting.com a
non-exclusive, worldwide, and royalty-free license for the Initial Term
and any Renewal Term to use your content as necessary for the purposes
of rendering and operating the Services to you under this Agreement.
You expressly (a) grant to ASPwebhosting.com a license to store, cache
or archive
materials distributed or made available for distribution via the
Services, including content supplied by third parties, and (b) agree
that such storing, caching and archiving is not an infringement of any of your intellectual
property rights or any third party's intellectual property rights.
4.2.
ASPwebhosting.com Materials and Intellectual Property. All materials,
including but not limited to any computer software (in object code and
source code form), data or information developed or provided by
ASPwebhosting.com or its suppliers or agents pursuant to this Agreement,
and any know-how, methodologies, equipment, or processes used by
ASPwebhosting.com to provide the Services to you, including, without
limitation, all copyrights, trademarks, patents, trade secrets and other
proprietary rights are and will remain the sole and exclusive property
of ASPwebhosting.com or its suppliers, including but not limited to any
software programs, inventions, products and/or technology innovations
and methodologies utilized, developed, or disclosed by ASPwebhosting.com
during the term of this Agreement. Unauthorized copying, reverse
engineering, decompiling, and creating derivative works based on the any
such software is expressly forbidden except as permitted in this
Agreement. You may be held legally responsible for violation of any
patent rights, copyright or trade secret rights that is caused or
encouraged by failure to abide by the terms of this Agreement.
4.3.
Trademarks. You hereby grant to ASPwebhosting.com a limited right to
use your trademarks, if any, for the limited purpose of permitting
ASPwebhosting.com to fulfill its duties under this Agreement. This is
not a trademark license and no other rights relating to the trademarks
are granted by this Agreement. Specifically, but without limitation,
the rights granted by this Agreement do not include the right to
sublicense use of your trademarks or to use your trademarks with any
other products or services outside the scope of the Services provided
under this Agreement. The limited trademark use rights granted under
this section terminate upon termination of this Agreement.
5. Warranty;
Warranty Disclaimer.
5.1. Customer and/or
Third Party Acts. ASPwebhosting.com is not responsible in any manner for
any nonconforming Services to the extent caused by you or your
customers. In addition, ASPwebhosting.com is not responsible for loss
or corruption of data in transmission, or for failure to send or receive
data due to events beyond ASPwebhosting.com's reasonable control.
5.2. No Express or
Implied Warranty. ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY
ASPWEBHOSTING.COM UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS
OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND
AGREE THAT ASPWEBHOSTING.COM EXERCISES NO CONTROL OVER, AND ACCEPTS NO
RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH
ASPWEBHOSTING.COM'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR
THE INTERNET. ASPWEBHOSTING.COM DOES NOT WARRANT THAT THE OPERATION OF
THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ALL SERVICES
PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT
WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION,
ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT
AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ASPWEBHOSTING.COM DOES NOT MAKE
AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY
REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING
THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF
QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT,
TRADE SECRET OR TRADEMARK INFRINGEMENT.
5.3 Your Warranties
and Representations to ASPwebhosting.com. You warrant, represent, and
covenant to ASPwebhosting.com that (a) you are at least eighteen (18)
years of age or are a duly organized and validly existing entity; (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 the use of your account; (e) you
have acquired or will acquire all authorization(s) necessary for
hypertext links to third-party Web sites or other content; (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.
6. Limitation
and Exclusion of Liability
6.1. Limitations.
IN NO EVENT SHALL ASPWEBHOSTING.COM HAVE ANY LIABILITY FOR UNAUTHORIZED
ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION
DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH
ACCIDENT, FRAUDULENT MEANS OR DEVICES. ASPWEBHOSTING.COM SHALL HAVE NO
LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF
ASPWEBHOSTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE LIABILITY OF ASPWEBHOSTING.COM TO YOU FOR ANY REASON
AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID TO ASPWEBHOSTING.COM BY YOU UNDER THIS AGREEMENT DURING THE THIRTY
(30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED.
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 ASPWEBHOSTING.COM UNDER THIS
AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION
OF RISK. ACCORDINGLY, YOU HEREBY RELEASE ASPWEBHOSTING.COM FROM ANY AND
ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION
STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.
6.2. Interruption of
Service. You hereby acknowledge and agree that ASPwebhosting.com will
not be liable for any temporary delay, outages or interruptions of the
Services. Further, ASPwebhosting.com 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,
electronic, communications or third-party supplier failure).
7.
Indemnification. You will defend, indemnify and hold harmless
ASPwebhosting.com and its officers, directors, shareholders, employees,
consultants, agents, affiliates and suppliers (an "Indemnitee") from any
and all threatened or actual claims, demands, causes of action, suits,
proceedings (formal or informal), losses, damages, fines, penalties,
liabilities, costs and expenses of any nature, including attorneys' fees
and court costs, sustained or incurred by or asserted against any
Indemnitee by any person, firm, corporation, governmental authority,
partnership or other entity by reason of or arising out of or relating
to: (i) your violation or breach of any term, condition, representation
or warranty of this Agreement or any applicable policy or guideline;
(ii) your conduct, including but not limited to your negligence, gross
negligence, or willful misconduct; (iii) your improper or illegal use of
the Services; (iv) any claim by a former employee of yours whose
employment has been or may be terminated in connection with or as a
result of the execution of this Agreement and performance of the
Services by ASPwebhosting.com; or (iii) any claim relating to your
services or products, including but not limited to advertising, product
liability claims or infringement of any trademark, copyright, patent,
trade secrets or non-proprietary right of a third party (including,
without limitation, defamation, libel, or violation of privacy or
publicity).
8.
Miscellaneous
8.1
Confidentiality. The parties each agree that all Confidential
Information (as defined below) communicated to it by the other is done
so in confidence and will be used only for the purposes of this
Agreement and will not be used to compete with the other party or
disclosed to any third party without the prior written consent of the
other party except as permitted under this Agreement. "Confidential
Information" means all information in any form, including, without
limitation, printed or verbal communications and information stored in
printed, optical or electromagnetic format, which relates to the
Services; or computer, data processing or electronic commerce programs
and software; electronic data processing applications, routines,
subroutines, techniques or systems; information which incorporates or is
based upon proprietary information of either party; or information
concerning business or financial affairs, product pricing, financial
conditions or strategies, marketing, technical systems of either party;
or any information concerning customers or vendors of either party; or
any data exchange between a party and any customers or vendors.
Exceptions to Confidential Information include (1) information in the
public domain; (2) information developed independently by a party
without reference to information disclosed under this Agreement; or (3)
information received from a third party without restriction and/or
breach of this or a similar Agreement. It is not a violation of this
provision to disclose Confidential Information in compliance with any
legal, accounting or regulatory requirement beyond the control of either
Party or, but in such case, prior to disclosure, the disclosing Party
shall give written notice to the other Party to permit that Party an
opportunity to challenge such disclosure. If either Party is
subpoenaed, such Party shall give written notice to the other Party to
permit that Party an opportunity to challenge the disclosure of
Confidential Information. Upon the termination of this Agreement and
upon written request of the disclosing Party, each Party shall promptly
return all Confidential Information of the other Party. This provision
shall survive the termination of this Agreement for two (2) years.
8.2. Notices.
All notices, reports, requests, or other communications given pursuant
to this Agreement shall be made in writing, shall be delivered by hand
delivery, overnight courier service, fax, or electronic mail, shall be
deemed to have been duly given when delivered.
8.3. Choice of
Law and Forum. THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE
UNITED STATES AND THE STATE OF KENTUCKY, WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE
BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN KENTUCKY, AND YOU
IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
8.4. Entire
Agreement. This Agreement and all policies and guidelines incorporated
in this Agreement by reference constitutes the entire Agreement of the
parties and may not be modified or altered orally but only by an
agreement in writing signed by both parties.
8.5. No
Fiduciary Relationship; No Third-Party Beneficiaries. ASPwebhosting.com
is not the agent, fiduciary, trustee or other representative of you.
Nothing expressed or mentioned in or implied from this Agreement is
intended or shall be construed to give to any person other than the
parties hereto any legal or equitable right, remedy or claim under or in
respect to this Agreement. This Agreement and all of the
representations, warranties, covenants, conditions and provisions hereof
are intended to be and are for the sole and exclusive benefit of the
parties hereto.
8.6.
Assignments. You may not transfer or assign your rights, duties, or
obligations under this Agreement without ASPwebhosting.com's prior
written consent. ASPwebhosting.com may assign its rights and
obligations under this Agreement and may utilize affiliate and/or agents
in performing its duties and exercising its rights under this Agreement,
without your consent. Subject to that restriction, this Agreement will
be binding on, inure to the benefit of, and be enforceable against the
parties and their respective successors and assignees.
8.7. No Waiver.
ASPwebhosting.com's failure to enforce the strict performance of any
provision of this Agreement will not constitute a waiver of
ASPwebhosting.com's right to subsequently enforce such provision or any
other provisions under this Agreement.
8.8.
Severability. If any provision of this Agreement is deemed illegal,
invalid, void or otherwise unenforceable in whole or in part, that
provision shall be severed or shall be enforced only to the extent
legally permitted, and the remainder of the provision and the Agreement
shall remain in full force and effect. If any provision of this
Agreement is deemed to be invalid, void or unenforceable only with
respect to a particular application, such term or provision shall remain
in full force and effect with respect to all other applications.
8.9. Survival.
All provisions of this Agreement relating to your warranties,
intellectual property rights, limitation and exclusion of liability,
your indemnification obligations and payment obligations shall survive
the termination or expiration of this Agreement.
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