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THIS IS A LEGAL DOCUMENT BETWEEN YOU (THE "SUBSCRIBER") AND IVTECH.COM, OWNED AND OPERATED BY DIAZ AND DIAZ, INC. (REFERRED TO AS "IVTECH") GOVERNING EACH SUBSCRIBER'S USE OF THE WEB SITE AND PARTICIPATION IN HOSTING SERVICES AND CONSTITUTES THE "TERMS AND CONDITIONS." PRIOR TO USING THE HOSTING SERVICES, ALL SUBSCRIBERS WILL BE GIVEN AN OPPORTUNITY TO CONSENT TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE ACCEPT BUTTON OR USING OR ACCESSING THE HOSTING SERVICES AVAILABLE UNDER THE DOMAIN AND SUB-DOMAINS OF WWW.DEMANDSPACE.COM, EACH SUBSCRIBER INDICATES THAT SUBSCRIBER HAS READ AND ACCEPTS THE TERMS AND CONDITIONS AND AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, CLICK THE REJECT BUTTON AND DO NOT USE OR ACCESS IVTECH'S WEBSITE OR THE HOSTING SERVICES. CONTINUED ACCESS TO THE WEBSITE AND THE HOSTING SERVICES IS SUBJECT TO COMPLIANCE WITH THE TERMS AND CONDITIONS AND ANY BREACH OF THE TERMS AND CONDITIONS WILL BE PURSUED BY LEGAL ACTION TO THE FULLEST EXTENT POSSIBLE.
HOSTING SUBSCRIPTION AGREEMENT
IVTech is an Internet Service Provider who provides shared network servers and related hosting services (the "Hosting Services") to website owners for storage and hosting of Internet websites (collectively referred to as "Web Pages") and allows end-users to access their Web Pages using the Internet. IVTech will provide the hardware and system administration ("System") necessary to provide World Wide Web access to the Internet community. The Hosting Services are available by subscribing to IVTech's tier hosting plans ("Plan(s)") on www.demandspace.com ("Site").
These Terms and Conditions are effective for Subscribers upon registration ("Effective Date"). IVTech may amend these Terms and Conditions at any time without notice and any such amendment shall be effective immediately upon posting the amended terms on the Site. By assenting to these Terms and Conditions, Subscribers agree to periodically review the Terms and Conditions and be bound by any modifications or amendments thereto. Subscriber's use of the Site or Hosting Services shall constitute Subscriber's acceptance of and agreement to be bound by the amended Terms and Conditions.
SECTION 1 TRANSACTIONS AND FEES
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1.1
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Service Plans. IVTech will provide Subscribers with the number of megabytes of disc space, the number of gigabytes of monthly data transfer bandwidth, and the number of POP3 e-mail accounts, each as specified for the tier Plan purchased by Subscriber as described on the Site at the time of subscription. Disc space shall be used solely for the purpose of storing the Web Pages and data files that are actively used in connection with the Web Pages. Subject to availability in the reasonable discretion of IVTech, Subscriber may secure additional server storage space, additional gigabytes of bandwidth per month, or additional POP3 e-mail accounts at the rate specified by IVTech.
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1.2
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Bandwidth, Storage, and E-mail Usage. Subscriber will not exceed the bandwidth, storage and e-mail usage limits in the tier Plan purchased by Subscriber. If Subscriber uses any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if Subscriber exceeds e-mail storage and attachment size limitations, IVTech may, in its sole discretion, assess Subscriber with additional charges, suspend the Hosting Services, or terminate Subscriber's account. Any use of Subscriber's account and access to it is Subscriber's responsibility, including any unauthorized access or resulting bandwidth, storage and e-mail usage exceeding the limits in the tier Plan and any resultant charges.
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1.3
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Domain Names. Subscriber will provide IVTech with a registered domain name or names, or at Subscriber's request, IVTech will assign a unique domain name to our servers (i.e., www.yourname.com) provided that the name is legally registered to and under the control of Subscriber. Subscriber understands that domain name registration can take some time, and is not under IVTech's control. IVTech will however, assign a working IP address to Subscriber's Web Pages immediately so Subscriber can begin uploading and testing. It is Subscriber's responsibility to maintain their domain record and to make sure the domain registration fees are paid up to avoid service disruptions.
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1.4
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Subscription Fees. The subscription fee for new Subscribers will be due to IVTech upon purchase of a Plan on the Site. The subscription fee for renewal Subscribers will be due upon renewal of the subscription term. Subscription fees shall be the amount of money in U.S. dollars listed at the time of subscription for new Subscribers or upon renewal for renewal Subscribers, as the case may be. In the event a Subscriber fails to pay all amounts due, such unpaid amounts shall be deemed overdue and interest will accrue on such overdue amounts at a rate of one and one-half percent (1.5%) per month, or the maximum amount allowed by law, whichever is less. Subscribers are responsible for paying all applicable taxes, including, without limitation, value added, use, sales or other taxes, duties or assessments applicable to Subscriber's use of the Hosting Services. When subscribing to Hosting Services, Subscriber authorizes IVTech to charge Subscriber's credit or debit card to pay for any charges that may apply to Subscriber's account. You must notify IVTech of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit IVTech from charging your account. Subscribers are responsible for all hardware, software, services and other costs and expenses incurred to access information or conduct transactions over the Site.
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1.5
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Passwords. Subscriber IDs and passwords are confidential and proprietary. Subscriber may not disclose or share its ID or password with any unauthorized third parties, or to use its ID or password for any unauthorized purpose. Each Subscriber, and not IVTech, is solely responsible for any unauthorized use of its ID or password.
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1.6
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Security. Subscriber is solely responsible for any security breaches affecting servers or accounts under Subscriber's control. If Subscriber's server or Web Pages is responsible for or involved in an attack on or unauthorized access into another server or system, IVTech may, in its sole discretion, terminate Subscriber's account and disable the Web Pages immediately.
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1.7
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Commercial Advertisements via E-Mail. Subscriber will not use the Hosting Services, the Site, the System, or Subscriber's account or server to send or facilitate in any way the transmission of unsolicited commercial email. IVTech will enforce substantial penalties, including charging you for related network costs and terminating your account, for violations of this provision.
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1.8
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Data Recovery. IVTech makes no provisions for backup or data recovery of Subscriber's Web Pages or data stored on IVTech's System. In the event of data loss, upon request by Subscriber, and at the discretion of IVTech, IVTech may take reasonable action to facilitate recovery of Subscriber's Web Pages and data and reserves the right to charge Subscriber an hourly fee for such recovery services.
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1.9
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Privacy Policy. IVTech's Privacy Policy governs how IVTech collects, stores, processes and uses information associated with Subscriber's account for usage of the Hosting Services. The Privacy Policy is posted on the Site and may be updated from time-to-time without notice. YOU SHOULD CAREFULLY READ THE PRIVACY POLICY. BY USING THE HOSTING SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE PRIVACY POLICY AND ANY MODIFICATIONS TO THOSE TERMS.
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1.10
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Enforcement. IVTech may investigate any reported violation of the Terms and Conditions, or any complaints, and may take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers or third parties.
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1.11
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Disclosure Rights. To comply with applicable laws and governmental requests, to protect IVTech's business and Systems, IVTech may access and disclose any information it considers necessary or appropriate, including, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on the System. IVTech 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 IVTech's Privacy Policy and IVTech's right to disclose under this section, IVTech's right to disclose under this section will prevail.
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SECTION 2 WARRANTIES AND REPRESENTATIONS
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2.1
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Subscriber Content. A Subscriber's Web Pages and content are the sole responsibility of the Subscriber. Subscribers hereby acknowledge and agree that IVTech has no obligation to monitor the Web Pages or content, and expressly disclaims any responsibility of IVTech to filter any such content. However, IVTech reserves the right to take any action with respect to information on any Web Pages that IVTech deems inappropriate in its sole discretion, including but not limited to the immediate removal of offensive or harmful information, or suspension or termination of Subscriber's account. Subscribers shall not post information on any Web Pages that is, or offer products or services for sale that are:
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fraudulent or related to the sale of counterfeit or stolen items;
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infringing of any third party's rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
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transmitted anonymously or labeled under a false name;
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in violation of any applicable law, statute, rule or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
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defamatory, trade libelous, threatening or harassing; or
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solicited or unauthorized advertisements, promotions, or other forms of solicitation.
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2.2
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Third Party Services. As a convenience to Subscribers, IVTech may identify various companies that provide other services, and IVTech may, from time to time, provide access to these services directly from the Site. Additionally, IVTech may provide Subscribers with introductions to or marketing information on behalf of third party providers of certain products and services. IVTech will not be a party to any agreement between a third party provider or play a part in any negotiations between the parties involved. IVTech may, however, receive a commission, or other remuneration from third party providers based on the provision of such services, access, introductions, or information to Subscribers.
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2.3
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Links. The Site may contain links to third party web sites not under the control or operation of IVTech. IVTech provides links only as a convenience and does not endorse and is not responsible for the contents of any linked site. Subscribers assume sole responsibility and risk of use of such third party links.
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2.4
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Applicable Laws. Subscribers shall comply with all applicable laws, statutes, ordinances and regulations regarding the use of Hosting Services and the Site (including, without limitation, those governing export control, unfair competition, antitrust, or false advertising).
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2.5
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SUBSCRIBER WARRANTIES. SUBSCRIBERS REPRESENT AND WARRANT THAT THEY: (1) ARE DULY AUTHORIZED TO CONSENT TO THESE TERMS AND CONDITIONS ON BEHALF OF THEMSELVES PESONALLY OR THEIR RESPECTIVE COMPANIES; (2) CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW; (3) HAVE THE RIGHT TO GRANT THE INTELLECTUAL AND INFORMATIONAL PROPERTY RIGHTS AT ISSUE UNDER THESE TERMS AND CONDITIONS, AND THAT SUCH GRANTS DO NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY; (4) SUBSCRIBER IS AT LEAST 18 YEARS OF AGE; (5) SUBSCRIBER WILL BE FINANCIALLY RESPONSIBLE FOR THE USE OF SUBSCRIBER'S ACCOUNT; (6) SUBSCRIBER HAS ACQUIRED OR WILL ACQUIRE ALL AUTHORIZATION(S) NECESSARY FOR HYPERTEXT LINKS TO THIRD-PARTY WEB PAGESS OR OTHER CONTENT; AND (7) SUBSCRIBER HAS VERIFIED OR WILL VERIFY THE ACCURACY OF MATERIALS DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION USING THE HOSTING SERVICES, INCLUDING SUBSCRIBER'S CONTENT, DESCRIPTIVE CLAIMS, WARRANTIES, GUARANTEES, NATURE OF BUSINESS, AND ADDRESS WHERE BUSINESS IS CONDUCTED.
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2.6
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SITE DISCLAIMER. BY ASSENTING TO THESE TERMS AND CONDITIONS, SUBSCRIBERS ASSUME ANY AND ALL RESPONSIBILITY AND RISK OF USE OF THE SITE, THE HOSTING SERIVICES, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE USING THE SITE. IVTECH PROVIDES THE SITE AND HOSTING SERVICES "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. IVTECH EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (II) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE; AND (III) THE ACCURACY OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE OR THE HOSTING SERVICES.
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2.7
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LIMITATION OF LIABILITY. IVTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OR CORRUPTION OF DATA, INTERRUPTION OF BUSINESS LOSSES OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO: (I) THE SITE, THE HOSTING SERVICES, OR DISRUPTION THEREOF; (II) THESE TERMS AND CONDITIONS; (III) ANY TRANSACTION OR AGREEMENT ENTERED INTO BETWEEN ANY SUBSCRIBER OR ANY THIRD PARTY; (IV) THE FAILURE, OR ALLEGED FAILURE, OF ANY PRODUCT OR SERVICE PURCHASED OR TRANSFERRED PURSUANT TO THE SITE OR HOSTING SERVICES; (IV) ACCESS TO OR AVAILALBILITY OF THE HOSTING SERVICES OR SUBSCRIBER'S WEB PAGES; OR (VI) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION USING THE HOSTING SERVICES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF IVTECH FOR CLAIMS RELATED TO THESE TERMS AND CONDITIONS OR SUBJECT MATTER HEREOF, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL NOT EXCEED U.S. $10,000. THE FORGEOING LIMITATION SHALL NOT APPPLY TO FEES DUE AND OWING TO IVTECH. SUBSCRIBER AND IVTECH ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE A CONDITION OF ENTERING INTO THESE TERMS AND CONDITIONS AND ARE REFLECTED IN THE FEES BEING CHARGED FOR ACCESS TO AND THE USE OF THE SITE. THE FOREGOING LIMITATIONS OF LIABILTY SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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2.8
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Indemnification. Subscriber hereby releases and agrees to hold harmless IVTech, and its officers, directors, contractors, agents, and employees from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected or unsuspected, arising out of or in any way connected with: (i) Subscriber's use of the Site or Hosting Services; (ii) Subscriber's Web Pages; (iii) Subscriber's failure to comply with any applicable law or regulation; and (iv) Subscriber's breach of any of its obligations set forth in the Terms and Conditions.
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2.9
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Statute of Limitations. Subscribers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, Hosting Services, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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2.10
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Force Majeure. IVTech shall not have any liability to Subscribers or to third parties for any failure or delay in performing any obligation under these Terms and Conditions due to circumstances beyond its reasonable control, including, without limitation, acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism or power, communications, satellite, power outages, or network failures.
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SECTION 3 INTELLECTUAL PROPERTY
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3.1
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License. IVTech hereby grants each Subscriber a personal, nontransferable, nonexclusive, non-sublicensable license to use the Site for viewing and otherwise using Hosting Services in accordance with these Terms and Conditions. The Site and Hosting Services made available from, on, or through the Site may not be copied, modified or distributed by Subscribers, nor may derivative works be prepared therefrom. The license granted pursuant to the Terms and Conditions is solely for the internal use of Subscribers and may not be used for any time sharing or service bureau purposes outside of Subscriber's organization. Subscribers shall not reverse engineer, decompile, or otherwise translate, in any way, the Site or the Hosting Services made available from, on or through this Site.
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3.2
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Ownership. All right, title, and interest to the Site and Hosting Services, including all modifications and enhancements thereto, and all data or information and any know-how, methodologies, equipment, or processes that IVTech or its suppliers or agents develops or uses to provide the Hosting Services, including all ownership rights to patents, copyrights, trademarks and trade secrets in connection therewith shall be the exclusive property of IVTech. Subscribers shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site. "IVTech," "Hosting Services," and the IVTech logo are trademarks of IVTech. IVTech will also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that IVTech may assign to Subscriber. IVTech may, in its sole discretion, change or remove any and all IP numbers and addresses.
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3.3
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Subscriber Information. Any Subscriber information that Subscribers transmit through the Site or the Hosting Services, or Subscriber provides to IVTech, including without limitation, all information provided in the subscription process will be used in accordance with IVTech's then-current Privacy Policy. Each Subscriber hereby grants to IVTech a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to modify, adapt, translate, reproduce, distribute, publicly display, and sublicense such information, and create derivative works from such information, and otherwise use the Subscriber information and content in connection with the operation of the Site or Hosting Services, and IVTech's marketing, publicity, and advertisement thereof in any form. Subscriber expressly: (a) grants to IVTech a license to cache materials distributed or made available for distribution using the Hosting Services, including content supplied by third parties; and (b) agrees that this caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
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3.4
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Subscriber Confidentiality. Subscribers agree not to invade another Subscriber's privacy, including, but not limited to, the breach or attempted breach of the security of another's computer, website, or data. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.
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3.5
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IVTech Confidential Information. IVTech "Confidential Information" shall include all information that is treated as confidential by IVTech, including without limitation, all: (i) technology (including hardware and software) used to operate the Site or Hosting Services; (ii) technical information (including, without limitation, results of any operational or performance testing of the Site or Hosting Services whether conducted by IVTech or Subscriber); and (iii) non-public operational, business, pricing and financial information of IVTech. Confidential Information shall not include any information that: (i) is known to the party receiving such information at the time of disclosure; (ii) is or becomes generally known to the public other than through a breach of these Terms and Conditions; (iii) is independently developed by the party receiving such information without reliance on or use of such information; or (iv) is rightfully provided to the party receiving such information by a third party not subject to an obligation of confidentiality. Subscribers shall take commercially reasonable precautions to safeguard the Confidential Information and shall not use or disclose such Confidential Information except as may be provided in these Terms and Conditions. Subscribers may disclose Confidential Information to its employees, contractors, and agents who have a need to know such information in connection with the Hosting Services, provided that each such employee, contractor or agent has agreed to be bound by confidentiality obligations similar to those contained in these Terms and Conditions. Subscriber acknowledges that any unauthorized use or disclosure of Confidential Information may cause irreparable damage to IVTech or others.
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SECTION 4 TERMINATION
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4.1
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Term. The Terms and Conditions shall be valid for the term coinciding with Subscriber's use of the Site and Hosting Services. The Hosting Services shall commence on the Effective Date and shall continue for a term specified for the tier Plan purchased by Subscriber. The term will automatically renew upon expiration of the term.
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4.2
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Termination. Subscribers may terminate their accounts and the Terms and Conditions at any time by providing advance written notice to IVTech. IVTech may terminate Subscribers' access to the Site and Hosting Services and terminate the Terms and Conditions by providing thirty (30) days advance written notice to Subscriber. Notice of termination must be provided in accordance with the requirements set forth in Section 5.6.
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4.3
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Business Discontinuation. IVTech shall have the right to terminate Subscribers' access to the Site and Hosting Services and terminate the Terms and Conditions at any time and without notice if IVTech files or has filed against it a petition in bankruptcy that has not been dismissed within sixty (60) days of filing, or appoints a receiver for all or substantially all of its assets, or is involved in any other proceeding involving insolvency or the protection of or from creditors.
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4.4
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Effect of Termination. Upon termination of the Terms and Conditions, Subscriber shall immediately cease and desist any and all access to and attempts to access the Site and Hosting Services. Subscriber agrees that upon termination of the Terms and Conditions Subscriber will pay all outstanding amounts owed to IVTech in full. IVTech shall have no obligation to refund any fees paid by Subscriber hereunder.
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4.5
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Access. In its sole discretion, IVTech may restrict or terminate any Subscriber's usage of the Site or Hosting Services or access to Subscriber's Web Pages, products, services, postings, or data immediately and without notice if Subscriber breaches any of the Terms and Conditions, fails to pay fees payable hereunder or if IVTech is unable to verify or authenticate any information provided by the Subscriber. In its sole discretion, IVTech can enforce this provision against individual employees of or company associated with a Subscriber, or the Subscriber itself.
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SECTION 5 MISCELLANEOUS
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5.1
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Assignments. Subscriber may not assign its account or these Terms and Conditions or any right or obligation under the Terms and Conditions, by operation of law or otherwise, without IVTech's prior written consent. IVTech may assign its rights and obligations under the Terms and Conditions and may utilize affiliates and agents in performing its duties and exercising its rights, without Subscriber consent. These Terms and Conditions are binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
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5.2
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Equitable Remedies. The parties hereby acknowledge that damages at law may be an inadequate remedy for IVTech. Therefore, IVTech shall have the right of specific performance, injunction, or other equitable remedy in the event of a breach of the Terms and Conditions by Subscriber.
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5.3
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Severability. If a provision of the Terms and Conditions is rendered invalid, the remaining provisions shall remain in full force and effect.
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5.4
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Captions. The headings and captions of the Terms and Conditions are inserted for reference convenience and do not define, limit or describe the scope or intent of the Terms and Conditions, or any particular section, paragraph, or provision.
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5.5
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Governing Law. The Terms and Conditions and all rights and duties of the parties arising from or relating in any way to the subject matter of the Terms and Conditions, the Site, or Hosting Services shall be governed by Florida law (excluding any conflict of laws provisions of the State of Florida which would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to the Terms and Conditions, including mediation or arbitration proceedings, shall be brought in the courts, state and federal, located in or having jurisdiction over Jacksonville, Florida. THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN OR HAVING JURISDICTION OVER JACKSONVILLE, FLORIDA. If a dispute arises under these Terms and Conditions IVTech and Subscriber agree to first try to resolve it with the help of a mutually agreed-upon mediator. Any costs and fees other than attorney fees associated with the mediation will be shared equally by IVTech and Subscriber. If it proves impossible to arrive at a mutually satisfactory solution through mediation, IVTech and Subscriber agree to submit the dispute to binding arbitration, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
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5.6
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Notice. Any notice required or permitted to be delivered pursuant to the Terms and Conditions shall be in writing and shall be deemed given upon delivery. Unless otherwise agreed, all notices shall be in English. Notices to Subscribers shall be addressed to the electronic or physical address provided by the Subscriber upon Subscriber's subscription or renewal (as the case may be). Notices to IVTech shall be addressed as follows: (i) if to the electronic address of IVTech: support@demandspace.com; or (ii) if to the physical address of IVTech: 4720 Salisbury Road, Suite 223, Jacksonville, Florida 32256, USA. Addresses provided by either party for notice under this Section may be changed upon providing notice in writing to the other party and expressly referencing a change of address under this Section.
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5.7
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Waiver. Waiver of breach of the Terms and Conditions shall not constitute waiver of another breach. Failing to enforce a provision of the Terms and Conditions shall not constitute a waiver or create an estoppel from enforcing such provision.
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5.8
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Relationship of the Parties. Nothing herein shall be construed as creating a partnership, an employment relationship, or an agency relationship between the parties, or as authorizing either party to act as agent for the other. Nothing expressed or mentioned in or implied from the Terms and Conditions is intended or will be construed to give to any person (other than the parties to the Terms and Conditions) any legal or equitable right, remedy or claim under or in respect to the Terms and Conditions.
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5.9
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Litigation Expense. In the event of litigation or arbitration arising out of these Terms and Conditions, each party shall bear its own costs and expenses of litigation or arbitration, including, but not limited to, attorneys' fees, travel expenses, deposition costs, expert witness expenses and fees, court costs and other costs incurred in connection with bringing or defending such action whether or not incurred in trial or appeal (excluding fees and expenses of arbitrators and administration fees and expenses of arbitration, which shall be shared).
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5.10
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Continuation. Any provision of these Terms and Conditions that requires or reasonably contemplates the performance or existence of obligations by either party after termination or expiration of the Terms and Conditions shall survive such termination or expiration.
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