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Welcome to STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. web hosting services!
This is a contract between you (“you” or
“your”) and STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC. ("STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC."). It states the terms and conditions
which apply to your purchase and use, in any manner,
of the STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
web hosting, e-mail and domain services (collectively,
the "Services"), as described at http://www.stealthhosting.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.
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC., and
become effective upon posting of the revisions on the
Site. STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.'
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
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. that you no longer wish to receive
the Services and the Termination Date.
Notice of Termination. You must provide STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. with notice of termination in
writing by fax to 1-253-848-0263 or by e-mail (from
the email account specified by you when first ordering
the Services) to sales@stealthmediasolutions.com.
You shall provide STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. with sufficient identification information so that
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. may properly
identify you and your account. Any notice of termination
will be effective thirty (30) days following STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. for the Services, excluding any amounts paid for
Non-Refundable Amounts, as defined below. “Non-Refundable
Amounts” include set-up fees, Miva Merchant license
key fees, additional bandwidth charges and additional
storage charges.
1.3 Liability and Obligations on Termination. Should
the Agreement expire or be terminated for any reason,
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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. STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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, STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC..
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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. Such rates, terms and conditions
will be posted on the Site or otherwise made available
to you by STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC..
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. shall begin
charging you on the date that you subscribe for the
Services, unless otherwise specified by STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' 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. STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
does not receive payment from the card issuer, you agree
to pay all amounts due, upon demand by STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. You must notify STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
of any unauthorized use of the Services or your passwords
or of any other breach of security and to provide assistance
to STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC., as
requested, to stop, prevent or remedy any breach of
security.
2.2 Applicable Policies and Agreements.
The STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. Acceptable
Use Policy at http://www.stealthhosting.com/usepolicy.html
(the "Use Policy") governs the general policies
and procedures for use of the Services.
The STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. Privacy
Policy at http://www.stealthhosting.com/privacy.html
(the "STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
Privacy Policy") describes how STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. collects, stores, processes and
uses information associated with your use of the Services.
You hereby consent to the collection, use and disclosure
by STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. and
its agents of your personal information (whether previously
collected or to be collected) for the purposes identified
in the STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
Privacy Policy.
The Domain Registration Agreements at http://www.stealthhosting.com/domainagreement.html
govern the use of domain names and applicable dispute
resolution processes.
The Service Level Agreement at http://www.stealthhosting.com/sla.html
sets out the minimum service levels provided and guaranteed
by STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC..
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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' equipment is in a condition that
is "server-ready," which is in a form requiring
no additional manipulation by STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC. 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",
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. has the
option at any time to reject this material. STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC.' responsibility to provide this knowledge or customer
support.
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, STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. may, in its sole discretion, assess
you with additional charges according to STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' then current pricing policy,
suspend the performance of the Services, or terminate
this Agreement. In the event that STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
with a registered domain name or names or STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
for any fees paid by STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. of any fees paid with respect to the registration
of such unusable domain name. There is no charge for
indefinite parking of domains on STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. servers or to transfer to another
service provider. However, in the event a domain that
was registered by STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. is transferred to another service provider, and
requires manual intervention by STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. is NOT a Registrar and hosting
services for domain names residing on the STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. system must be provided by STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. 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.
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. will not
provide refunds or credits for misspelled domain names.
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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC. 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.
3. Intellectual Property Rights
3.1 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC., its licensors or its suppliers and are protected
by applicable copyrights, trade-marks, patents, trade
secrets and/or other proprietary rights and laws. STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. shall also maintain and control
ownership of all Internet protocol ("IP")
numbers and email addresses that may be assigned to
you by STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC..
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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. STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. or any third party, using the Services. However,
you agree that by posting, uploading, inputting, providing,
submitting or otherwise transmitting the Content to
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. or any
third party, using the Services, you have thereby granted
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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. STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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.
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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. STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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. STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. It is STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' policy to terminate Services
to infringers. The above stated rights of action, however,
do not obligate STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. to monitor or exert editorial control over the
information made available for distribution via the
Services and you acknowledge that STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC. takes action due to such possible violation,
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' systems and customers, or to
ensure the integrity and operation of STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' business and systems, STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' servers and systems. STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' Privacy Policy and STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.'s right to disclose under this
section, STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.'s
right to disclose under this section will prevail.
5. Warranties and Disclaimers
5.1 Your Warranties and Representations to STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.. You warrant, represent, and covenant
to STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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. STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. will use commercially reasonable
measures to maintain the security of the Services, STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. assumes no responsibility for
the effectiveness of these security measures provided
by STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC..
6. Exclusion and Limitation of Liability
6.1 Exclusion of Liability. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,
SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY,
THE "STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
ENTITIES" AND EACH, A "STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.' 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY
OF THE STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A)
THE AMOUNT ACTUALLY PAID TO STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC. 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)
U.S. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. HEREUNDER HAVE BEEN AND WILL CONTINUE
TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY,
YOU HEREBY RELEASE THE STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. and its suppliers will NOT be liable for any delay,
outages or interruptions of the Services. Further, STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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, third-party supplier failure, and service
maintenance & upgrades).
7. Indemnification
7.1 Indemnity to STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC.. You hereby release and hold harmless, and agree
to indemnify, the STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. and you with respect to such matters.
8.2 No Waiver. The failure of STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC., 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
State of Washington without reference to rules governing
choice of laws and the federal laws of the United States
applicable therein. You hereby irrevocably consent to
the exclusive jurisdiction of the courts of the State
of Washington and the federal courts situated in the
State of Washington 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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. STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. and its respective personal and legal representatives,
successors and permitted assigns.
8.8 Currency. All monetary amounts expressed in this
Agreement are in U.S. dollars, unless otherwise expressly
stated.
8.9 Cumulative Rights. The rights, powers and remedies
of STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. shall be
deemed to have been duly given and delivered to STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. when delivered by email to sales@stealthhosting.com
or by fax to 1-253-848-0263
