zatechuk.co.uk or its assets may be referred to in these terms as;
Us, We or Our.
All persons
visiting this site may be referred to in these terms as; visitors.
All persons
purchasing or using zatechuk.co.uk’s services may be referred to in
these terms as; customers or consumers.
Important
Note: This document is updated often. Please make a habit of reviewing
it from time to time to stay abreast of service terms. Reports of
activity in violation of these terms may be sent via e-mail to
abuse@zatechuk.co.uk.
This
document is divided into the following sections:
1.0 - Term
and Payment for Services
1.1 -
Term
1.2 -
Termination Policy
1.3 -
Default and Cure
1.4 -
Charges
1.5 -
Payment
1.6 -
Refund Policy
2.0 - Use
of Services
2.1 -
Applicable Use Policy
2.2 -
Material and Product Requirements
2.3 -
Bandwidth and Storage Usage
3.0 -
Enforcement
3.1 -
Investigation of Violations
3.2 -
Actions
3.3 -
Disclosure Rights
4.0 -
Intellectual Property Rights
4.1 -
Your Licence Grant to Us
4.2 -
Our Materials and Intellectual Rights
4.3 -
Trademarks
5.0 -
Warranty; Warranty Disclaimer
5.1 -
Customer and/or Third Party Acts
5.2 - No
Express or Implied Warranty
5.3 -
Your Warranties and Representations to Us
6.0 -
Limitation and Exclusion of Liability
6.1 -
Limitations
6.2 -
Interruption of Service
6.3 -
Maintenance
7.0 -
Indemnification
8.0 -
Miscellaneous
8.1 -
Confidentiality
8.2 -
Notices
8.3 -
Choice of Law and Forum
8.4 -
Entire agreement
8.5 - No
Fiduciary Relationship; No Third Party Beneficiaries
8.6 -
Assignments
8.7 - No
Waiver
8.8 -
Severability
8.9 -
Survival
8.10 -
Modification
We strive
to provide the best comprehensive hosting solutions in the industry.
This Terms of Service Agreement governs your purchase and use, in any
manner, of all services provided by us, our partners, affiliates and
subsidiaries.
You must
accept the terms of this Agreement in order to use our Services.
NOTWITHSTANDING ANY ALLEGATIONS TO THE CONTRARY, BY USING THE SERVICES,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE
USE POLICIES WHICH ARE HEREBY INCORPORATED BY REFERENCE HEREIN.
We reserve
the right to change or modify any of the terms and conditions contained
in this Agreement, any Addendums 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
both existing or future customers. Any changes or modification will be
effective upon posting of the revisions on our web site. Your continued
use of Services following our posting of any changes or modifications
will constitute your acceptance of such changes or modifications.
1.0 Term
and Payment for Services
1.1 Term
This
Agreement shall be for an initial term as chosen by you once you have
agreed to our legal documents and have paid a fee for a said service.
This agreement will be automatically renewed at the end of the initial
term for the same period as the initial term. You can request the
termination of your services by sending an email to
termination@zatechuk.co.uk. Upon initial request of termination you
will be asked to provide us with sufficient customer identification
information so that we may properly identify you and your account. Any
notice of termination will be effective following thirty (30) days after
our receipt thereof. Once customer makes a purchase they are entitled
to the service. Our Network will deliver its services to the fullest
extent possible as provided by this agreement and other policies
incorporated herein.
1.2
Termination Policy
If you
terminate your receipt of the services prior to the end of the initial
term or the renewal term, whichever is then applicable, we will refund
to you any fees paid in advance of such termination. However, terms for
greater than one month are discounted because you have prepaid for a
period greater than a month. In consideration of the fact that we have
provided a discount for contract periods greater than one month, we
shall be entitled to retain as liquidated damages for the cancellation
of a contract for greater than one month, the base monthly rate agreed
for your service, for the period of time that you have had actual
service. In other words, if you paid for 12 months of service at the
discounted rate, and you cancel your service after two months, we will
be entitled to retain as liquidated damages two months payment at the
higher monthly base rate, and not the discounted one year rate. We
reserve the right to cancel a customer’s service at any time. If
cancellation is caused by customer’s violation of these policies, then
the refund will be pro rated for the unused days in a given month,
subject to the terms above for cancellation of discounted plans before
the period of time for a plan greater than one month has elapsed. Your
termination request or notice must be submitted to us in the manner
described in section 1.1. We may terminate this agreement at any time
and for any reason by providing to you written notice three (3) days
prior to the date of termination or as provided below.
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 five (5) 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
Charges
You
agree to pay for all charges attributable to your use of the services at
the then current prices, which shall be exclusive of any applicable
taxes. You are responsible for the payment of all government, state, and
local sales, use, value added, excise, duty and any other taxes assessed
with respect to the services, other than taxes based on our net income.
1.5
Payment
All
accounts are paid first. Once payment is received, the account is
activated. Each payment is due on or before the same day and month of
the next term period. For example; if you have a monthly plan, and you
signed up on April 5th, 2005, you next payment would be due on or before
May 5th, 2005. If you have a yearly plan, and you signed up on April
5th, 2005, then your next payment would be due on or before April 5th,
2006. The customer will be notified that a payment is due, via email, 10
days prior to the due date. Failure to make the payment will cause
termination of the account. Reactivation of any account is £5.00 G.B.
Pounds. All charges for services must be paid in advance pursuant to the
then current prices applicable to the services ordered by, and provided
to the customer. Upon entering this agreement, you must choose to pay
either by direct debit to a U.K. bank account, or receive an invoice and
submit subsequent payment via an approved payment processor (e.g.
Paypal). You must notify us of any changes to your payment method
(including, without limitation, applicable account number or
cancellation or expiration of the account), your billing address, or any
information that may prohibit us from payment through your account. If
you choose to be invoiced upon registration for services, we will
invoice you for the services applicable to the period for which you have
registered for the services. You hereby agree to pay to us the amount
indicated in each invoice by the due date reflected on that invoice. If
you fail to pay any fees and taxes by the applicable due date for direct
debit or invoice payments, your account will be terminated.
1.6
Refund Policy
Refund
policy customer has seven (7) days to do a trial period with our
services. In these seven (7) days period the customer has the right to
cancel or demand a full refund if they are not satisfied with the
service. However, after exceeding this seven (7) day period the customer
will not be entitled to a full refund and they will be billed until a
cancellation is initiated. However, customers are entitled to a pro rate
refund for any unused days in a given month, subject to the rules
governing discounted hosting plans for greater than one month above.
This refund policy applies to only our network web hosting services, and
not domain names, SSL certificates, or other products provided by us
which are not related to its internet hosting service. There shall be no
right to a refund for the purchase of any domain name, or SSL
certificate.
2.0 Use
of Services
2.1
Applicable Use Policy
Our
acceptable usage policy governs the general policies and procedures for
use of our services. The policy is posted on our web site (or such other
location as we may specify) and may be updated from time-to-time. YOU
SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE
TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. WE
RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT FOR ANY
VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT. THE ACCEPTABLE USAGE
POLICY IS HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE AS FULLY
SET FORTH HEREIN.
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 our equipment is in a condition that is
"server-ready," which is in a form requiring no additional manipulation
by us. We will make no effort to validate any of this information for
content, correctness or usability. If your material is not
"server-ready", we have the option at any time to reject this material.
We 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 us. 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 our responsibility to provide
this knowledge or customer support outside of the services agreed to by
you and us.
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 set out. 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 or have your
account suspended until the next renewal term.
3.0
Enforcement
3.1
Investigation of Violations
We 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, customers and/or third parties. We 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.
3.2
Actions
We
reserve the right and have absolute discretion to 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 potentially in violation of
any laws. If we become aware of any possible violation by you of this
agreement, any related policies or guidelines, third party rights or
laws, we 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 our 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 us which, in our sole discretion, may violate or infringe
any law or third-party rights or which otherwise exposes or potentially
exposes us to civil or criminal liability or public ridicule. It is our
policy to terminate repeat offenders. Our 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 we take corrective action due to such possible violation,
we shall not be obligated to refund to you any fees paid in advance of
such corrective action.
3.3
Disclosure Rights
To
comply with applicable laws and lawful governmental requests, to protect
our systems and customers, or to ensure the integrity and operation of
our business and systems, we 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 our
servers and systems. We also reserve the right to report any activity
that we suspect violates any law or regulation to appropriate law
enforcement officials, regulators, or other appropriate third parties.
4.0
Intellectual Property Rights
4.1 Your
License Grant to Us
You
hereby grant to us 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 us a license to
cache materials distributed or made available for distribution via the
services, including content supplied by third parties, and (b) agree
that such caching is not an infringement of any of your intellectual
property rights or any third party's intellectual property rights.
4.2 Our
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
us or our partners, affiliates, subsidiaries, suppliers or agents
pursuant to this agreement, and any know-how, methodologies, equipment,
or processes used by us 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 us or our partners, affiliates, subsidiaries or suppliers,
including but not limited to any software programs, inventions, products
and/or technology innovations and methodologies utilized, developed, or
disclosed by us 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 us a limited right to use your trademarks, if any, for
the limited purpose of permitting us to fulfil our 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.
5.0
Warranty; Warranty Disclaimer
5.1
Customer and/or Third Party Acts
We are
not responsible in any manner for any nonconforming services to the
extent caused by you or your customers. In addition, we are not
responsible for loss or corruption of data in transmission, or for
failure to send or receive data due to events beyond our reasonable
control.
5.2 No
Express or Implied Warranty
ALL
SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY US UNDER THIS AGREEMENT ARE
PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY FACT OR LAW,
WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT WE EXERCISE NO CONTROL OVER,
AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION
PASSING THROUGH OUR COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR
THE INTERNET. WE DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DO NOT MAKE
ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR
TRADEMARK INFRINGEMENT. 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 THIS AGREEMENT, WE
DO 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 Us
You
warrant, represent, and covenant to us that (a) you are at least sixteen
(16) 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 and/or any software that you install
or provide 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.
6.0
Limitation and Exclusion of Liability
6.1
Limitations
IN THE
EVENT WE SHALL HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED
ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO
US, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. WE
SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
EVENT, THE LIABILITY OF US TO YOU FOR ANY REASON AND UPON ANY CAUSE OF
ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO US 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 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 US
UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS
ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE US FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIMS 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 we will not be liable for any delay,
outages or interruptions of the services. Further, we shall not be
liable for any delay or failure to perform our 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, packet loss, server crashes,
communications or third-party supplier failure).
6.3
Maintenance
You
hereby acknowledge and agree that we reserve the right to temporarily
suspend services for the purposes of maintaining, repairing, or
upgrading its systems and network. We will use best efforts to notify
you of pending maintenance however at no time are we under any
obligation to inform you of such maintenance.
7.0
Indemnification
You will
defend, indemnify and hold harmless us and our officers, directors,
consultants, employees, agents, affiliates and suppliers indemnities
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
indemnities by any person, firm, corporation, governmental authority,
partnership or other entity by reason of or 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 conduct, including but not limited to your negligence, gross
negligence, or wilful misconduct; (c) your use of the services,
including any improper or illegal uses; (d) 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 us; or (e) any claim relating to your
services or products, or your installation and/or use of any third-party
software, 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).
8.0
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 (a)
information in the public domain; (b) information developed
independently by a party without reference to information disclosed
under this agreement; or (c) 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 KINGDOM, WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. EACH PARTY TO THIS
AGREEMENT HEREBY AGREES THAT ANY AND ALL LEGAL DISPUTES BETWEEN THE
PARTIES SHALL BE SUBMITTED TO BINDING ARBITRATION IN THE COUNTRY OF THE
UNITED KINGDOM. FURTHER, ANY ACTION RELATING TO THIS ENFORCEMENT OF THIS
AGREEMENT SHALL BE BROUGHT IN THE UNITED KINGDOM COURTS, AND YOU
IRREVOCABLY CONSENT TO THE JURISDICTION OF SAID COURTS. WITH RESPECT TO
BINDING ARBITRATION, THE PARTIES HEREBY AGREE TO MUTUALLY SELECT AN
ARBITRATOR, AND THAT SUCH ARBITRATION WILL BE CONDUCTED IN THE UNITED
KINGDOM. IF THE PARTIES DO NOT AGREE ON AN ARBITRATOR, THEN AN
ARBITRATOR, WHO IS A MEMBER OF THE BRITISH ARBITRATION ASSOCIATION,
SHALL BE APPOINTED BY JUDICATE WEST, TO CONDUCT SAID ARBITRATION, WITH
SAID ARBITRATION BEING CONDUCTED AT JUDICATE WEST IN WALES UNITED
KINGDOM. EACH PARTY SHALL PAY 50% (FIFTY PERCENT) OF ANY ADVANCE COST OF
SAID ARBITRATION. HOWEVER, THE LOSING PARTY SHALL BE RESPONSIBLE FOR THE
ENTIRE COST OF SAID ARBITRATION, AND THE LOSING PARTY SHALL PAY ANY
ADVANCE FEES THAT WERE PAID BY THE WINNING PARTY FOR THE ARBITRATION,
AND ANY ADDITIONAL FEES THAT MAY BE OWED FOR SAID ARBITRATION. THE
PARTIES MAY STIPULATE TO THE MODIFICATION OF ANY OF THE TERMS OF THIS
CLAUSE, SO LONG AS SAID STIPULATION IS IN WRITING, AND SIGNED BY ALL
PARTIES AND THEIR ATTORNEY'S.
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
We are
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 our prior written consent. We 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
Our
failure to enforce the strict performance of any provision of this
agreement will not constitute a waiver of our 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.
8.10
Modification
We
reserve the right to add, delete, or modify any provision of our terms
and condition, and acceptable usage policy at any time without notice.
