| THIS ONLINE HOSTING AGREEMENT (the "Agreement")
governs your purchase and use of all website hosting services,
including the shared server hosting services, dedicated Linux
hosting services, and any add-on services (collectively, the
"Services"), as described in this Electronic Order
Form and ordering process, as accepted by UNFLUX through its
subsidiary UNFLUX.net ("UNFLUX.net"). UNFLUX.net
will indicate its acceptance by sending an electronic confirmation
of your order via e-mail. You must register and accept the
terms of this Agreement in order to use the Services. BY CLICKING
ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING
FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED
BY REFERENCE.
UNFLUX.net may modify any of the terms and conditions contained
in this Agreement and any policy or guideline incorporated
by reference, at any time in its sole discretion and may also
determine whether and when the modifications apply to existing
or future clients. Any modifications are effective upon posting
of the revisions on the UNFLUX.net Web site located at http://www.unflux.net/
(the "Site"). UNFLUX.net will post a notice of modifications
to this Agreement on the Site for 30 days. UNFLUX.net may
post modifications to referenced policies and guidelines without
notice to you. Your continued use of the Services following
UNFLUX.net's posting of any modifications constitutes your
acceptance of the modifications. IF YOU DO NOT AGREE TO THIS
AGREEMENT'S TERMS DO NOT CLICK THE "I ACCEPT" BUTTON.
IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT
CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY UNFLUX.NET
OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED
IN SECTION 1.b BELOW. WE MAY ALSO PERIODICALLY POST CHANGES
TO OUR POLICY AND ENSURE YOUR CONTINUED AGREEMENT BY AGAIN
ASKING YOU TO CLICK ON THE “I ACCEPT” BUTTON WHEN
NOTICE OF A CHANGE TO THE TERMS IS POSTED.
1. Term and Payment for Services
- Term: This
Agreement will be for an "Initial Term" of either:
- thirty (30) days if you register for monthly services
payments,
- as otherwise chosen by you in the Electronic Order
Form, located on the Site, at the time you register
for the Services, or
- as otherwise chosen by you on the Order Form and Term
Services, executed in writing or by facsimile, at the
time you register for the Services directly with UNFLUX.net
or an UNFLUX.net representative.
This Agreement will be automatically renewed (the "Renewal
Term") at the end of the Initial Term for the same
period as the Initial Term, unless you provide UNFLUX.net
with notice of termination either:
- at least seven (7) days before the end of the Initial
Term or the Renewal Term , whichever is then applicable,
if you registered for and are receiving Services on
a monthly basis, or
- at least thirty (30) days before the end of the Initial
Term or Renewal Term, whichever is then applicable,
if you registered for and are receiving Services or
have pre-paid for Services on either a quarterly, semi-annually,
annually or greater basis.
- Termination Policy
- Voluntary Termination By
You: If you terminate the Services before
the end of the Initial Term or the Renewal Term, whichever
is then applicable:
- UNFLUX.net will not refund to you for any fees
paid in advance of termination, and
- you will be required to pay the remainder of all
charges remaining in the term, unless otherwise
expressly provided in this Agreement.
You must submit your termination request for the
Services in accordance with the following manners:
- You may send your notice of termination in writing
by regular mail to UNFLUX.net, P.O. Box 553, Hanover,
PA, 17331, Attention: Hosting Account Cancellation
Request, or
- Fax your written notice of termination to UNFLUX.net
at 443-583-0242, Attention: Hosting Account Cancellation
Request. All account cancellations MUST BE received
on company letterhead, accompanied by a photocopy
of the signatory’s Drivers License or Passport
and be signed by an officer, managing partner or
owner of the company in order to be deemed valid.
For assurance of delivery, UNFLUX.net recommends
sending requests for cancellation via certified
mail. Due to the secure nature of our Services,
cancellations by phone, e-mail, or without adequate
demonstration of right to cancel will be deemed
invalid.
- Voluntary Termination By
UNFLUX.net: UNFLUX.net may terminate
this Agreement at any time and for any reason by providing
to you thirty (30) days prior written notice of termination.
If UNFLUX.net terminates this Agreement, UNFLUX.net
will refund to you the pro-rated portion of pre-paid
fees attributable to Services not yet rendered one day
following the date of termination, unless otherwise
expressly provided in this Agreement.
- Termination For Violation
or Breach: UNFLUX.net may immediately
and without prior notice terminate this Agreement upon
a violation by you of UNFLUX.net’s Acceptable
Use and Service Policy or upon a violation by you of
UNFLUX.net’s Abuse Policy; and UNFLUX.net may
terminate this Agreement immediately if, after seven
(7) days prior notice to you, you have failed to correct
any breach of this Agreement.
- Procedures Upon Termination:
Upon any termination in accordance with Section 1.b.i
or 1.b.ii, UNFLUX.net shall permit you twenty four (24)
hours to download or otherwise copy any of your information
and data residing on UNFLUX.net’s servers prior
to removing such information and data from UNFLUX.net’s
servers. Upon termination by UNFLUX.net under Section
1.b.iii, UNFLUX.net may immediately remove all of your
data and information from UNFLUX.net’s servers
and you shall have no right to copy or download such
data or information, and, in such event, all such information
and data, including all copyrighted or copyrightable
material therein, shall then become the property of
UNFLUX.net. In cases where your account has been cancelled,
and you are requesting reactivation, UNFLUX.net, at
it’s option, may reactivate the same account,
only if the account had been cancelled less than sixty
(30) days prior. After sixty (30) days, you will be
required to set up a new account.
- Liability and Obligations on
Termination: If the Agreement expires or
is terminated for any reason, UNFLUX.net is not liable to
you because of the expiration or termination for compensation,
reimbursement or damages on account of the loss of prospective
profits, anticipated sales, goodwill or on account of expenditures,
investments, leases or commitments in connection with your
business, or for any other reason whatsoever flowing from
the termination or expiration. If you terminate this Agreement,
UNFLUX.net will not relieve you of any obligations to pay
fees and costs accrued before the termination date or any
other amounts you owe to UNFLUX.net under this Agreement.
In cases where we have provided equipment to you, you must,
at your own expense, return all UNFLUX.net equipment within
ten (10) days of the date of notification of termination.
Otherwise you will be financially responsible for the cost
of new replacement equipment. UNFLUX.net shall invoice you
for such equipment, and payment will be due within thirty
(30) days of invoice date.
- Charges: You
will pay all charges for your use of the Services at the
then current UNFLUX.net prices, which will be exclusive
of any applicable taxes. Such fees and charges shall include,
without limitation, the fees for connectivity, design services,
and charges by any and all third parties whose materials
are included as part of the Services. UNFLUX.net reserves
the right to change the amount of, or basis for determining,
any fees or charges and institute new fees and charges upon
prior notice to you. You are responsible for paying 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 UNFLUX.net's net income.
- Payment: You
will pay all charges for Services in advance according to
the then current price for the Services, or any fixed price
as agreed to in the applicable Electronic Order Form or
Term Hosting Service Agreement. When registering for Services
electronically, you must choose to pay for the Services
by credit card or automatic transfer trhough PayPal (www.paypal.com).
Your election to pay by credit card hereby duly authorizes
UNFLUX.net to charge your credit or debit card to pay for
any charges that may apply to your account. UNFLUX.net may
elect, at its option, accumulate any supplemental charges,
as described in the Electronic Order Form, that you incur
in your use of the Services ("Supplemental Charges")
until the charges exceed $20 and then charge your card.
You must notify UNFLUX.net of any changes to your credit
card account (including, applicable account number changes
or cancellation or expiration of the account), your billing
address, or any information that may prohibit UNFLUX.net
from charging your account.
If you prefer to be invoiced for Services or pay by company
check, UNFLUX.net will send an invoice to you for the
Services for the period for which you have registered
for the Services. UNFLUX.net may also require an agreement
to be completed, signed and returned to UNFLUX.net. UNFLUX.net
may also send periodic invoices to you for any applicable
Supplemental Charges associated with your use of the Services.
You will pay to UNFLUX.net the amount indicated in each
invoice by the due date reflected on the invoice. Each
Service shall be billed with an initial invoice for the
first and second month of service including any applicable
installation charges. Payment on the initial invoice is
due upon receipt. After the initial invoice, all services
shall be billed thirty (30) days in advance and are due
within thirty (10) days from invoice date. If you fail
to pay any fees and taxes within thirty (10) days from
the applicable due date for credit card or invoice payments,
UNFLUX.net will assess late charges equal to the lesser
of 1.5% per month or the maximum allowable under applicable
law.
Your failure to fully pay any fees and taxes within ten
(10) days after the applicable due date is a material
breach of this Agreement, justifying UNFLUX.net in suspending
its performance and terminating this Agreement. If UNFLUX.net
terminates for your material breach, you must still pay
past due fees plus interest. You are responsible for any
costs UNFLUX.net incurs in enforcing collection, including
reasonable attorneys' fees, court costs and collection
agency fees. If you reinstate Services, you must pay any
fees associated with reinstating Services.
- 30-Day Money Back Guarantee:
During the Initial Term, if you are not fully satisfied
with the Services (not applicable to Term Hosting), you
may elect to terminate this Agreement at any time during
the first thirty (30) days from your initial order date
and receive a full refund of all payments you made to UNFLUX.net
for the Services, except for set-up fees and domain registration
fees, which are non-refundable. To receive your refund,
you must terminate this Agreement in the manner described
in Section 1.b.i and immediately cease using the Services,
and UNFLUX.net must receive your termination notice within
the 30-day period. In addition to the requirements specified
in Section 1.b.i for cancellation, your notice must further
describe why you are not satisfied with the Services.
2. Use of Services
- Applicable Policies and Guidelines:
From time to time UNFLUX.net may impose reasonable rules
and regulations regarding the use of the UNFLUX.net Services.
Such rules, covenants and restrictions are called acceptable
use, abuse, and service policies and are posted on the Site
at http://www.unflux.net/company/aup.htm.
All such acceptable use and service policies and abuse policies
are incorporated by reference into this Agreement as if
fully set forth herein. The UNFLUX.net Acceptable Use and
Service Policy (the "AUP") governs the general
policies and procedures for use of the Services. The UNFLUX.net
Abuse Policy, as outlined in the AUP, governs how UNFLUX.net
responds to specific instances of abuse and defines such
instances of abuse. UNFLUX.net's Privacy Policy governs
how UNFLUX.net collects, stores, processes and uses information
associated with your use of the Services. The Privacy Policy
is posted on the Site at http://www.unflux.net/legal/privacy.htm
and may be updated from time-to-time. YOU SHOULD CAREFULLY
READ THE AUP AND ABUSE POLICY. BY USING THE SERVICES, YOU
AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ABUSE POLICY
AND ANY MODIFICATIONS TO THE TERMS. UNFLUX.NET MAY TERMINATE
YOUR ACCOUNT FOR ANY VIOLATION OF THE AUP, THE ABUSE POLICY
OR THIS AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION
1.b.iii HEREIN.
- Material and Product Requirements:
You must ensure that all material and data placed on UNFLUX.net's
equipment is in a condition that is "server-ready,"
which is in a form requiring no additional manipulation
by UNFLUX.net. UNFLUX.net will make no effort to validate
any of this information for content, correctness or usability.
If your material is not "server-ready", UNFLUX.net
may reject this material. UNFLUX.net will notify you of
its refusal of the material and afford you the opportunity
to modify the material to satisfy UNFLUX.net's requirements.
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.
- Bandwidth, Storage, and E-Mail
Usage: For Services, you will not exceed
the bandwidth, data storage, database and E-mail usage limits
specified on the Electronic Order Form at the time you registered
for the Services. If you use any bandwidth, database or
data storage space in excess of the agreed upon number of
megabytes per month or if you exceed E-Mail storage and
attachment size limitations, UNFLUX.net may, at its sole
discretion, assess you with additional charges, suspend
the Service, or terminate this Agreement. If UNFLUX.net
elects to take any corrective action, UNFLUX.net will not
refund any unused pre-paid fees. Your use of your account
and access to it is your responsibility. You are responsible
for any unauthorized access to your account resulting in
bandwidth, storage and/or E-mail usage exceeding the limits
in the Order Form and resultant charges.
- Domain Names:
As part of the Services, you will provide UNFLUX.net with
a registered domain name or names, or UNFLUX.net will register
domain name(s) you select if the domain name is available
for registration and does not violate any contracted registrar’s
policies, or any law or regulation. You will promptly pay
UNFLUX.net for any fees associated with Domain Name registration
as specified on the Order Form(s). Your request for and/or
acceptance of a domain name obtained by UNFLUX.net shall
in all cases constitute your waiver of any and all claims
which you may have, or which may later arise, against UNFLUX.net
or its third party providers, for any and all damages, losses,
claims or expenses arising our or related to the acquisition,
registration and/or use of the domain name. Any cost incurred
by UNFLUX.net to obtain and/or maintain the domain name
on your behalf shall be charged to you. Request for and
acceptance of a domain name requires UNFLUX.net to supply
the domain name to a contracted registrar, which in turns
supplies the domain name to third parties.
If any dispute or cause of action arises out of or is
related to your domain name used in connection with the
Services, then upon your request, UNFLUX.net will attempt
to register with a contracted registrar an alternative
domain name you chose. Upon registering your domain name,
you are bound by the terms of contract registrar’s
then current domain name policy and the policies of the
national DNS registration authorities. UNFLUX.net will
not refund any fees you paid with respect to the registration
of a domain name you are unable to use.
In the event that you elect to have UNFLUX.net act as
your managing agent for DNS, you agree to designate our
administrator’s as the Technical Contact on the
Domain Registration Record for the duration of time that
UNFLUX.net is responsible for ongoing DNS management.
If you elect to perform DNS management through another
responsible party or on your own, you are not required
to specify UNFLUX.net as the Technical Contact on the
Domain Registration Record.
UNFLUX.net’s DNS Registration Information
is currently as follows:
|
Primary Nameserver: |
pns1.unflux.net |
|
Primary Nameserver
IP Address: |
67.15.6.148 |
|
Secondary
Nameserver: |
sns1.unflux.net |
|
Secondary
Nameserver IP Address: |
67.15.6.149 |
|
UNFLUX.net
Support: |
|
- Security: Unless
otherwise specified, you are solely responsible for any
security breaches affecting servers or accounts under your
control. If your server or website is responsible for or
involved in an attack on or unauthorized access into another
server or system, UNFLUX.net will shut it down immediately.
You will incur any charges resulting from the cost to correct
security breaches affecting UNFLUX.net or any of its other
clients.
- SPAM or Commercial Advertisements
via E-Mail: You will not use UNFLUX.net
Services, your account or server to send or facilitate in
any way the transmission of unsolicited commercial email.
UNFLUX.net will enforce substantial penalties, including
charging you for related network costs and terminating your
account, for any violations of this Section 2.f.
3. Intellectual Property Rights
- UNFLUX.net License Grant to
You: During the term of this Agreement,
UNFLUX.net grants to you a non-exclusive, personal, non-transferable
license to access and use the Services solely on and as
part of UNFLUX.net’s World Wide Web site and servers.
UNFLUX.net may modify the Services at any time for any reason
and may provide modified versions of the Services to you.
- Your License Grant to UNFLUX.net:
You grant to UNFLUX.net a non-exclusive, worldwide, and
royalty-free license for the Initial Term and the Renewal
Term, if applicable, to edit, modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer
of, reproduce, create derivative works from, distribute,
perform, display, and otherwise use your content as necessary
for the purposes of rendering and operating the Services
to you under this Agreement. You expressly:
- grant to UNFLUX.net a license to cache materials distributed
or made available for distribution via the Services,
including content supplied by third parties, and
- agree that this caching is not an infringement of
any of your intellectual property rights or any third
party's intellectual property rights.
- Warranties and Representations
to UNFLUX.net: You warrant, represent, and
covenant to UNFLUX.net that:
- you are at least 18 years of age;
- you possess the legal right and ability to enter into
this Agreement;
- you will use the Services only for lawful purposes
and in accordance with this Agreement and all applicable
policies and guidelines;
- you will be financially responsible for the use of
your account;
- you have acquired or will acquire all authorization(s)
necessary for hypertext links to third-party Web sites
or other content;
- you have verified or will verify the accuracy of materials
distributed or made available for distribution via the
Services, including your content, descriptive claims,
warranties, guarantees, nature of business, and address
where business is conducted, and
- 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.
- UNFLUX.net Materials and Intellectual
Property: All materials, including any computer
software (in object code and source code form), data or
information that UNFLUX.net or its suppliers or agents develop
or provide under this Agreement, and any know-how, methodologies,
equipment, or processes UNFLUX.net uses to provide the Services
to you, including all copyrights, trademarks, patents, trade
secrets, and any other proprietary rights inherent therein
and appurtenant thereto will remain UNFLUX.net's or its
suppliers' sole and exclusive property. You further agree
not to translate, decompile, reverse engineer, disassemble,
modify, reproduce, rent, lease, lend, sublicense, distribute,
remarket or otherwise dispose of any portion of the UNFLUX.net
Services. You hereby acknowledge that, if UNFLUX.net at
any time or from time to time performs any customizations
or modifications to the Services, all rights and interests
to such customizations or modifications shall be the sole
property of UNFLUX.net. UNFLUX.net will also maintain and
control ownership of all Internet protocol ("IP")
numbers and addresses that UNFLUX.net may assign to you.
UNFLUX.net may, in its sole discretion, change or remove
any and all IP numbers and addresses.
4. Enforcement
- Investigation of Violations:
UNFLUX.net may investigate any reported violation of this
Agreement, or its policies or any complaints and take any
action that it deems appropriate and reasonable under the
circumstance to protect its systems, facilities, clients
or third parties. UNFLUX.net 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.
- Actions: UNFLUX.net
may restrict or remove from its servers any content that
violates this Agreement or related policies or guidelines,
or is otherwise objectionable or potentially infringing
on any third party's rights or that potentially violates
any laws. If UNFLUX.net becomes aware that you have possibly
violated this Agreement, any related policies or guidelines,
third party rights or laws, UNFLUX.net may immediately take
corrective action, including:
- issuing warnings,
- suspending or terminating the Service,
- restricting or prohibiting any and all uses of content
hosted on UNFLUX.net's systems, and
- 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 UNFLUX.net that, in UNFLUX.net's sole
discretion, may violate or infringe any law or third-party
rights or that otherwise exposes or potentially exposes
UNFLUX.net to civil or criminal liability or public
ridicule. It is UNFLUX.net's policy to terminate repeat
infringers. These rights of action, however, do not
obligate UNFLUX.net to monitor or exert editorial control
over the information made available for distribution
via the Services. If UNFLUX.net takes corrective action
because of a possible violation, UNFLUX.net will not
refund to you any fees you paid in advance of the corrective
action.
- Disclosure Rights:
To comply with applicable laws and lawful governmental requests,
to protect UNFLUX.net's systems and clients, or to ensure
the integrity and operation of UNFLUX.net's business and
systems, UNFLUX.net may access and disclose any information
it considers necessary or appropriate, including, user profile
information (i.e., name, e-mail address, etc.), IP addresses
and traffic information, usage history, and content residing
on UNFLUX.net's servers and systems. UNFLUX.net may 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 UNFLUX.net's Privacy Policy
and UNFLUX.net's right to disclose under this section, UNFLUX.net's
right to disclose under this section will control.
5. Disclaimed Warranties:
UNFLUX.net exercises no control over, and accepts no responsibility
for, the content of the information passing through UNFLUX.net's
host computers, network switches, network hubs and points
of presence, or the Internet. ALL SERVICES PERFORMED UNDER
THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT
WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE
BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT
AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNFLUX.NET DOES NOT
MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS
OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE
SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN
TRADE.
6. Limitation and Exclusion of
Liability
- Limitations:
IN NO EVENT WILL UNFLUX.NET OR ITS SUPPLIERS 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.
NEITHER UNFLUX.net NOR ITS SUPPLIERS WILL HAVE LIABILITY
WITH RESPECT TO UNFLUX.NET'S OBLIGATIONS UNDER THIS AGREEMENT,
OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL,
OR PUNITIVE DAMAGES EVEN IF UNFLUX.NET HAS BEEN ADVISED
OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF UNFLUX.net
AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE
OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO
UNFLUX.NET UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY
PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES
FOR THE SERVICES SET BY UNFLUX.NET UNDER THIS AGREEMENT
HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION
OF RISK. ACCORDINGLY, YOU RELEASE UNFLUX.NET AND ITS SUPPLIERS
FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN
EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.a.
Except for certain products and services specifically identified
as being offered by UNFLUX.net, UNFLUX.net does not control
any materials, information, products, or services on the
Internet. The Internet contains unedited materials, some
of which are sexually explicit or may be offensive to you.
UNFLUX.net has no control over and accepts no responsibility
for such materials. You assume full responsibility and risk
for use of the services and the Internet and are solely
responsible for evaluating the accuracy, completeness, and
usefulness of all services, products, and other information,
and the quality and merchantability of all merchandise provided
through the service or the Internet.
- Interruption of Service or
Loss of Data: While UNFLUX.net makes reasonable
efforts to maintain the UNFLUX.net service, many factors
are not within UNFLUX.net’s control. Therefore, UNFLUX.net
does not warrant, and is not responsible for (even if caused
by the negligence of UNFLUX.net) any loss of data, delays,
non-delivery or mis-delivery of information, lack of access,
slows response time, or service interruptions or errors.
Loss, delay or non-delivery of data can be due to but not
limited to UNFLUX.net’s own negligence, viruses or
other third parties. Your data is defined as any data held
by UNFLUX.net and includes account information, web hosting
data, email and domain name services. This disclaimer and
waiver shall apply equally to any and all third party providers.
UNFLUX.net provides no warranty to client regarding the
accuracy of usage statistics, which UNFLUX.net may provide
in its discretion. Further, no advice or information given
by a UNFLUX.net representative shall create a warranty or
serve as an amendment to this agreement.
- Service Level Agreement:
UNFLUX.net, as a practice, strives to provide you with the
greatest possible uptime and performance for the Services.
Due to the nature of the Internet and networking technology
and equipment, it is not always possible for UNFLUX.net
to guarantee the availability of your website or servers.
In an effort to ensure, however, that you receive the value
and promises that you have paid for, UNFLUX.net has created
a service level agreement for all classes of service which
you hereby agree to incorporate as if fully set forth herein.
The Agreement may be updated from time-to-time, is incorporated
by reference to this Agreement and can be viewed at: http://www.unflux.net/legal/sla.htm.
YOU SHOULD CAREFULLY READ THE SERVICE LEVEL AGREEMENT. BY
USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF
THE SERVICE LEVEL AGREEMENT.
7. Indemnification
You release and hold harmless, and agree to indemnify,
UNFLUX.net and its affiliates, parent and suppliers (and
their respective employees, directors and representatives)
against any and all claims, demands, actions, proceedings,
suits, liabilities, damages, settlements, judgments, penalties,
fines, costs or expenses (including, reasonable attorneys'
fees and other litigation expenses) incurred by UNFLUX.net
or its suppliers, arising out of or relating to:
- your or your agent’s or customer’s violation
or breach of any term, condition, representation or warranty
of this Agreement, or any applicable policy or guideline;
- your improper act or omission or illegal use of the
Services; or
- your violation, alleged violation, or misappropriation
of any intellectual property right (including trademark,
copyright, patent, trade secrets) or non-proprietary right
of a third party (including defamation, libel, violation
of privacy or publicity).
8. Miscellaneous Provisions
- Entire Agreement:
This Agreement, in conjunction with all policies and guidelines
incorporated by reference, constitutes the entire agreement
between you and UNFLUX.net with respect to the subject matter
of the Agreement, it supersedes any proposal or prior agreement,
oral or written, and any other communication relating to
the subject matter of the Agreement, and there are no representations,
understandings or agreements that are not fully expressed
in this Agreement and the related policies and guidelines.
- No Fiduciary Relationship;
No Third-Party Beneficiaries: UNFLUX.net
is not the agent, fiduciary, trustee or other representative
of you. Except for the rights of UNFLUX.net's suppliers
under sections 2.d, 6 and 7, nothing expressed or mentioned
in or implied from this Agreement is intended or will be
construed to give to any person (other than the parties
to this Agreement) any legal or equitable right, remedy
or claim under or in respect to this Agreement. This Agreement
and all of its representations, warranties, covenants, conditions
and provisions are intended to be and are for the sole and
exclusive benefit of the parties to this Agreement.
- Amendments:
Except as expressly provided in this Agreement, no amendment,
change, waiver, or discharge of this Agreement is valid
unless in writing and signed by the parties.
- Choice of Law and Forum, Litigation
Costs: THIS AGREEMENT IS GOVERNED BY THE
LAWS OF THE UNITED STATES AND THE STATE OF PENNSYLVANIA,
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 YORK COUNTY, PENNSYLVANIA,
AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THESE
COURTS. In the event any litigation or other proceeding
is brought by either party in connection with this Agreement,
the prevailing party in such litigation or other proceeding
shall be entitled to recover from the other party all costs,
attorneys' fees and other expenses incurred by such prevailing
party in such litigation.
- Compliance with Laws:
You will comply with all applicable laws and regulations
and will indemnify and save UNFLUX.net harmless from your
failure to so comply. UNFLUX.net will not have to perform
any obligations set forth in this Agreement if the performance
would violate any present or future law, regulation or policy
of any applicable government.
- Non-Assignment and Subcontracting:
You may not assign this Agreement or any right or obligation
under this Agreement, by operation of law or otherwise,
without UNFLUX.net's prior written consent, and any attempted
assignment or delegation without consent will be void. UNFLUX.net
may assign its rights and obligations under this Agreement,
and may utilize affiliates and agents in performing its
duties and exercising its rights, without your consent.
This Agreement is binding on, inure to the benefit of, and
be enforceable against the parties and their respective
successors and assigns. UNFLUX.net may subcontract any work,
obligations or other performance required of UNFLUX.net
under this Agreement without your consent.
- No Waiver:
UNFLUX.net's failure to enforce the strict performance of
any provision of this Agreement does not constitute a waiver
of UNFLUX.net's right to subsequently enforce the provision
or any other provisions of this Agreement.
- Severability:
If any term or provision of this Agreement is deemed invalid,
void or unenforceable either in its entirety or in a particular
application, the remainder of this Agreement, if applicable,
will remain in full force and effect and, if the subject
term or provision is deemed to be invalid, void or unenforceable
only with respect to a particular application, the term
or provision will remain in full force and effect with respect
to all other applications.
- Headings:
The section headings used in this Agreement are for reference
and convenience only and will not enter into the interpretation
of the Agreement.
- Assignment:
This Agreement shall be binding to both parties and their
respective successors and assigns. UNFLUX.net reserves the
right to assign any rights or obligations under this Agreement
without any prior written notice to you. You shall not transfer
or assign any rights or obligations under this Agreement
without the prior written consent of UNFLUX.net, which consent
shall not be unreasonably withheld.
- Survival:
All provisions of this Agreement relating to your warranties,
intellectual property rights, limitation and exclusion of
liability, confidentiality, your indemnification obligations
and payment obligations and the miscellaneous provisions
will survive the termination or expiration of the Agreement.
- Copyright:
You acknowledge the validity and UNFLUX.net’s exclusive
ownership of all right, title, and interest in and to all
UNFLUX, UNFLUX.com, and UNFLUX.net logos and link logo marks
(the "Marks") and, during or after the term of
this Agreement, will not contest, or help others to contest,
the ownership or the validity of any registrations or rights
of UNFLUX, UNFLUX.net, and UNFLUX.com now owned or obtained
relating to the Marks. You will not use any names, marks,
terms, graphics, or other materials on its Web page or Site
that are likely to cause confusion with or dilute the distinctiveness
of the Marks or to damage the reputation or commercial image
of UNFLUX , UNFLUX.net, and UNFLUX.com or any of their products,
without the express written permission of UNFLUX.
- Confidentiality:
You acknowledge that by reason of your relationship with
UNFLUX.net, you may have access to certain information and
materials relating to UNFLUX.net’s business, clients,
methodology, software technology and marketing which UNFLUX.net
treats as confidential (collectively “Confidential
Information”). You shall:
- hold in confidence, and not disclose or reveal to
any person or entity, any Confidential Information without
the clear and express prior written consent of a duly
authorized representative of UNFLUX.net; and
- not use or disclose any of the Confidential Information
for any purpose at any time, other than for the limited
purpose of performance under this Agreement. These obligations
shall continue indefinitely for so long as the Confidential
Information is a trade secret under applicable law and
shall continue for two (2) years following termination
of this Agreement with respect to Confidential Information,
which does not rise to the level of a trade secret.
- Export Control:
You agree not to export or re-export any portion of the
UNFLUX.net Service outside of the United States. You further
agree to comply with all United States and other applicable
laws, rules and regulations relating to the export, re-export
or transshipment of the UNFLUX.net Services.
- Force Majeure:
Either party shall be excused from any delay or failure
in performance hereunder caused by reason of any occurrence
or contingency beyond its reasonable control, including
but not limited to, acts of God, earthquake, labor disputes
and strikes, riots, terrorist acts, war, and governmental
requirements. The obligations and rights of the party so
excused shall be extended on a day-to-day basis for the
period of time equal to that of the underlying cause of
the delay.
- Pennsylvania Consumer Protection:.
Under Pennsylvania law, subscribers are entitled to the
following specific consumer rights information: Pennsylvania's
Bureau of Consumer Protection can be contacted: Bureau of
Consumer Protection, 14th Floor Strawberry Square, Harrisburg,
PA 17120, 717-787-9707.
- Dispute Resolution:
The parties shall first attempt in good faith to resolve
any dispute through open negotiation. Any dispute which
remains unresolved for thirty (30) days shall be settled
by binding arbitration in York County, Pennsylvania, in
accordance with the then current rules of the American Arbitration
Association, before one (1) independent and impartial arbitrator,
mutually designated by both parties and selected by the
American Arbitration Association if the parties cannot agree
on an arbitrator. The prevailing party shall be entitled
to recover reasonable attorney fees and costs.
Contact Information
If you have any questions concerning this
site or its policies, Contact Us.
or by our Mailing Adress:
UNFLUX.net
P.O. Box 553
Hanover, PA 17331
© 2004 Copyright UNFLUX.net. All Rights
Reserved. Last Updated 06.25.2004. |
