 Legal
SonServer Internet Services Agreement
This is a contract between you (hereinafter referred to as
"Client"), and SonServer.com (hereinafter referred
to as "SonServer". Please read it carefully, as
it governs the use of SonServer's services (hereinafter referred
to as "the Services").
By accepting this contract, the signer affirms
that he or she is 18 years of age or older.
This contract shall be governed by the laws of the State of
California.
The terms and conditions set forth herein
constitute the full and complete agreement between you and
Lost Horizon Interactive (doing business as and hereinafter
referred to as "SonServer.com") Your agreement to
be bound by these terms is acknowledged by your use of the
SonServer Web Site, Hosting Services, Support Services and/or
any SonServer software made available to you. The terms contained
herein supercede and replace any other agreement or negotiation
between you and SonServer whether oral, written or otherwise
including any statements made by any representative of SonServer
at any time.
1 FEES; PAYMENT OF FEES
1.1 Fees - SonServer charges the following
fees where applicable. All such fees are subject to change
with 30 days notice.
1.1.1 Account Set-Up Fee
1.1.2 Service Fee
1.1.3 Domain Registration Fee
1.2 SonServer reserves the right to offer
subsequent promotional rates which may or may not be more
favorable than the terms under which you entered this agreement.
Any such periodic special rates shall not effect the then
existing rights and responsibilities of each party. SonServer
also reserves the right to change the rate charged for any
such fee under this agreement with 30 days notice.
1.3 SonServer charges a non-refundable set
up fee as well as it’s periodic service fee which in
some cases may be refundable as further set forth elsewhere
herein. According to the services you order from SonServer,
SonServer may also charge you for Domain Registration Fees
and specifically reserves the right to institute additional
charges upon notice to you. SonServer also reserves the right
to alter, change, amend or delete charges at it’s sole
option. SonServer further reserves the right to institute
new services and charge fees in association with the provision
of such new services as it deems appropriate.
1.4 Payment of Fees - SonServer accepts payment
by Credit Card (Visa, MasterCard, American Express, PayPal)
and by personal check, cashiers check or money order.
1.5 Payment by Credit Card
1.5.1 Prior to activation of your user account
and at any applicable time thereafter you agree to allow SonServer
to charge your provided credit card and at stated regular
intervals the agreed service fee amount for the stated period
together with any SonServer set-up charges, registration fees,
or any other charges outlined herein as may be applicable.
You further authorize SonServer to charge your credit card
for all subsequent period fees at, or a reasonable period
in advance of, the commencement of any such subsequent period.
You agree to maintain current valid existing credit card information
with SonServer for the purpose of satisfying the SonServer
charges as they become due. Refusal or rejection of any such
charge or any portion thereof is grounds for account suspension
and/or termination at the sole option of SonServer under Paragraph
8 herein.
1.6 Payment by Check
1.6.1 Prior to activation of your user account
you agree to submit a check payable in U.S. dollars against
a bank located within the United States. SonServer is under
no obligation to initiate service until the proceeds of such
check have been cleared by such financial institution and
have been received by SonServer. Invoices will be submitted
to you as a courtesy only. Payment for subsequent fees are
due and payable immediately upon invoice and in no instance
later than the expiration of the last day of the previous
period without regard to any invoice. It is your responsibility
when paying by check to make sure that your payment is received
by SonServer. An administrative fee of $25.00 will be charged
for the refusal, rejection or return of any such check for
any reason whatsoever or any portion thereof. In addition,
refusal, rejection or return of any such check for any reason
whatsoever or any portion thereof is grounds for account suspension
and/or termination at the sole option of SonServer under Paragraph
8 herein.
1.6.2 It is recommended that in order to avoid
any service interruption that you submit your payment to SonServer
a sufficient time before the expiration of the current service
period so that it reaches SonServer in advance of the renewal
date.
1.7 Refunds of Service fees will be made only
for pre-payment of Service fees beyond the renewal date following
the effective notice and termination of this agreement under
paragraph 8.1. All refunds shall be pro-rated based upon the
number of days for which service remains unused as of that
renewal date. SonServer may grant refunds under any other
circumstance it deems appropriate without waiving any other
rights hereunder.
2 WEB HOSTING SERVICES
For the term of the agreement as set forth
herein SonServer agrees to provide web hosting services according
the plan selected by you upon activation of your account.
SonServer reserves the right to change, amend and/or otherwise
alter the services provided with equivalent or otherwise equal
services without prior notice to you. You agree to receive
periodic emails from SonServer in regards to products, services,
your account, and system updates.
3 DOMAIN REGISTRATION SERVICES
At Customer’s request, SonServer may
also acquire a Second-Level Domain Name (“Domain Name”),
on behalf of Customer. SonServer will not own or otherwise
control any domain name registered on your behalf under this
paragraph. SonServer provides this service as a convenience
to you only and you hereby waive any and all claims which
you may have, or which may later arise, against SonServer
for any and all damages, losses, claims or expenses arising
or related to the acquisition, registration and/or use
of the Domain Name. Any costs incurred by SonServer to obtain
and/or maintain the Domain Name on your behalf shall be charged
to you by SonServer under the provision therefore elsewhere
herein.
4 ACCEPTABLE USE
SonServer strictly enforces compliance with
its acceptable use terms under this paragraph (4) four. You
agree to maintain your website in full compliance with the
terms set forth below. Failure to so comply is cause for immediate
suspension and possible termination under paragraph (8) herein.
4.1 You agree that you will not violate the
laws, regulations, ordinances or other such requirements of
any applicable Federal, State or local government.
4.2 You agree not to cause any harm to minors
of any kind or to perform any activity which is likely to
cause such harm.
4.3 You agree not to take any action which
encourages or consists of any threat of harm of any kind to
any person or property
4.4 You agree not to transmit any unsolicited
commercial or bulk email. You will not engage in any activity
known or considered to be “spamming” or “Mail
Bombing”
4.5 You agree not to make any inappropriate
communication to any Newsgroup, Mailing List, Chat Facility,
or other Internet Forum.
4.6 You agree not to make or attempt any unauthorized
access to any SonServer website or the website of any SonServer
customer.
4.7 You agree not to infringe any copyright,
trademark, patent, trade secret, or other proprietary rights
of any third party, including, but not limited to, the unauthorized
copying of copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
4.8 You agree not to collect or attempt to
collect personally identifiable information of any person
or entity without their express written consent. You shall
maintain records of any such written consent throughout the
terms of this agreement and for three years thereafter.
4.9 You agree not to undertake any action
which is harmful or potentially harmful to the SonServer server
structure.
4.10 You agree not to sublease your shared hosting account,
www.yourcompany.com/client, or offer free space to other clients.
Our web plans are for single users only.
4.11 You agree not to run a banner exchange,
free adult tgp (thumbnail gallery post) and free adult image
galleries on your website.
5 LICENSE
SonServer pursuant to the terms and conditions
set forth herein hereby grants you a non-exclusive, limited,
personal, non-transferable license to use the SonServer Web
Hosting Service for the term of the agreement as set forth
herein.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during
the term of this agreement and thereafter you may come into
possession of information which is the confidential and proprietary
information of SonServer including but not limited to the
SonServer customer service and maintenance tools. You acknowledge
that all right and title to any such SonServer intellectual
property shall remain the sole property of SonServer and that
you have no right, title or interest therein. You further
agree not to provide access to the SonServer services to any
third party. You agree yourself and not to assist any third
party in any way to translate, decompile, reverse engineer,
disassemble, modify, reproduce, rent, lease, lend, license,
distribute, market or otherwise dispose of any portion of
the SonServer Services. Any and all right or title to any
engineering, coding, programming or customer service work
around or other modification of the SonServer service shall
also remain the sole property or SonServer.
6.2 During the term of this agreement you
may have access to certain information and materials relating
to the SonServer business, customers, software technology
and marketing which SonServer treats as confidential (hereinafter
“Confidential Information”). You agree to at all
times during the term of this agreement and otherwise as set
forth herein: (i) hold in confidence, and not disclose or
reveal to any person or entity, any “Confidential Information”
without the express prior written consent of SonServer; and
(ii) not use or disclose any of the “Confidential Information”
for any purpose at any time, other than pursuant to your rights
under this agreement for the purpose intended. These obligations
shall continue indefinitely for so long as the Confidential
Information is a trade secret under applicable law and shall
continue for three (3) years following termination of this
Agreement with respect to Confidential Information, which
does not rise to the level of a trade secret.
7 TERM
The initial term of this agreement shall be
one (1) month with automatic renewal for subsequent additional
months after the expiration of the initial term. SonServer
reserves the right to accept pre-payment of renewal periods
and may from time to time offer financial incentives for such
pre-payment. The term of the agreement, however, shall remain
one (1) month.
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of SonServer
for any reason set forth herein or in the event that you breach
any term of this agreement including but not limited to Section
1 (Payment of Fees) and Section 4 (Acceptable Use Policy)
SonServer may suspend your account by deactivating any access
by you or by web users to any information contained on the
SonServer servers related to your account while maintaining
the information and data related to your account upon the
SonServer servers. Suspension shall specifically include the
disabling of your hosted domain and/or any access to information
or data related to your account. In the event of any such
suspension you will be notified and given an opportunity to
correct such breach. In the event that such breach is not
corrected within ten (10) days the account may be terminated
under paragraph 8.2. Service charges will continue to accrue
on suspended accounts as if they were not suspended. You will
remain responsible for the payment of any such charges during
any such period of suspension.
8.2 Termination - This agreement and all of
it’s terms shall remain in full force and effect until
it is terminated. Termination shall include the removal of
any and all of your information from the SonServer servers.
Such information or data may or may not be made available
to you by SonServer after any such termination. This agreement
may be terminated either (a) after a period of suspension
as set forth in paragraph 8.1 or (b) by either party upon
45 days notice in advance of a renewal period for any reason.
8.3 In the event of termination under paragraph
8.2(a) there will be no refund provided to you. In addition,
SonServer may charge you an additional termination fee not
to exceed $100.00 at its sole option. The assessment of this
termination fee shall not effect the rights of SonServer to
recover from you losses, damages, indemnity, defense costs,
expert costs, collection costs and/or attorneys fees or other
costs of any kind as may be applicable under California Law
8.4 In the event of any termination under
paragraph 8.2(b) of this subsection any service fees paid
in advance beyond the next renewal date following the notice
period under that section will be refunded to you. This refund
shall not include any set-up fees, Domain Registration fees
or other fees which are all non-refundable.
9 NOTICE
9.1 Any notice under this agreement shall
be given by SonServer to you via email at the address provided
by you to SonServer at the commencement of this agreement
or as SonServer is subsequently advised. Notice to you at
this address is deemed sufficient regardless of your receipt
of such email. If you wish to update your email address you
should do so at this page.
9.2 Any notice by you to SonServer shall be
made by telephone to a customer service representative at
1-888-527-5252 during SonServer regular business hours of
8:00 a.m. to 6:00 p.m. Pacific Standard Time. Such notice
may also be sent via United States Mail to the following Address:
Lost Horizon Interactive
SonServer Division
Box 5881
Beverly Hills, CA 90209-5881
10 SURVIVAL
Sections 1, 3 through 6, 8, 9, 11, 12, and
14 through 18, inclusive, of this agreement shall survive
the termination of this agreement and shall remain in full
force and effect after any such termination.
11 WARRANTEES AND LIMITATIONS
11.1 SonServer makes every reasonable effort
to maintain operation of the SonServer service however because
as many events and circumstances are beyond the control of
SonServer, SonServer does not in any way warrant or otherwise
guarantee the availability of the SonServer system or servers
and is not responsible for any delay or loss of data, lack
of connection, slow connection, or any other such issues whether
due to the active or passive negligence of SonServer.
11.2 THE SonServer SERVICE IS PROVIDED TO
YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE.
11.3 In general, SonServer has no control
over information contained on the Internet. Information obtained
by you from the Internet may be inaccurate, offensive or in
some cases even illegal. SonServer accepts no responsibility
for any information which you receive from the Internet. You
accept full responsibility to verify the truth and accuracy,
legality and ownership of the information that you obtain
from the Internet as well as the reputation of the individuals
with whom you may deal. SonServer provides no warrantee for
any goods or services which you obtain over the Internet nor
the compatibility of any such services with the SonServer
system.
11.4 You specifically hereby waive any claim
for damages of any kind whether direct, indirect, special,
exemplary, punitive, incidental or consequential, loss of
profits or loss of business as the result of any action taken
in response to any claim of copyright infringement without
regard to whether or not the material claimed to have been
infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE
TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE,
OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE
SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO SonServer
IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION
OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL SonServer
BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS
OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT
REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
12 INDEMNITY
12.1 You agree to fully defend and indemnify
and hold harmless SonServer of and from any and all third
party claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation
and/or arbitration fees and costs incurred (whether paid or
not) as the result of any breach or claim of breach of this
agreement or your negligence whether active or passive or
any negligence of SonServer in any way related to your use
of the SonServer service or any portion thereof.
12.2 You agree to fully defend and indemnify
and hold harmless SonServer of and from any and all third
party claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation
and/or arbitration fees and costs incurred (whether paid or
not) as the result of any violation or claimed violation of
any copyright or other intellectual property right of any
third party which is in any way related to your use of the
SonServer service or any portion thereof. Choice of counsel
remains exclusively that of SonServer
12.3 You agree that upon the assignment of
your user ID and password that you will maintain the confidentiality
of your account information and assume all responsibility
of and from any loss, theft or other destruction of any data
as the result of any access to your account via the use of
your user ID. You further agree to defend and indemnify and
hold harmless SonServer of and from any and all third party
claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation
and/or arbitration fees and costs incurred (whether paid or
not) as the result of any claim for damages in any way related
to the disclosure of your confidential User ID and Password
information. Choice of counsel remains exclusively that of
SonServer.
13 FORCE MAJEURE
Either party to this agreement shall be excused
from any delay or failure in performance hereunder caused
by reason of any occurrence or contingency beyond its reasonable
control, including but not limited to, acts of God, earthquake,
labor disputes and strikes, riots, war, and governmental requirements.
The obligations and rights of the party so excused shall be
extended on a day-to-day basis for the period of time equal
to that of the underlying cause of the delay.
14 ASSIGNMENT
This agreement and the rights hereunder is
not assignable or transferable except that SonServer may assign
it’s rights hereunder to any person or entity who shall
become a principal owner, or shareholder of SonServer. Any
other attempted transfer or assignment of rights hereunder
shall be null and void ab initio.
15 SEVERABILITY
If any term, clause or provision hereof is
held invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation
of any other term, clause or provision and such invalid term,
clause or provision shall be deemed to be severed from the
Agreement.
16 CHOICE OF LAW
This Agreement shall be interpreted under
the laws of the State of California without regard to any
conflict of laws provisions. Any action between the parties
to this agreement for the breach of this agreement or any
action or claim in any way relating thereto shall be venued
in the Superior Court of the State of California, County of
Los Angeles. The parties to this agreement hereby consent
to jurisdiction in that court and agree to accept service
by mail and hereby waive any defense of any kind related to
jurisdiction or venue.
17 NO AGENCY
Notwithstanding any other provision of this
agreement, SonServer is not your agent, partner or joint venturer
in any respect.
18 AMENDMENT
SonServer may without advance notice amend
this Agreement from time to time, and will do so by posting
the new Agreement on the SonServer web site in place of the
old. Each and every such amendment shall be become effective
immediately for all pre-existing and future accounts.
19 REQUIRED NOTICES
19.1 Copyright Infringement Claims - Any notice
concerning any claim of copyright infringement should be addressed
to Lost Horizon Interactive c - SonServer Division, COPYRIGHT INFRINGEMENT
CLAIM, Box 5881, Beverly Hills, CA 90209-5881 Telephone
(888) 527-5252
19.2 California - Pursuant to the terms of
The Electronic Commerce Act of 1984 please be advised that
as may be applicable to you under California Law if you are
unsatisfied with the manner in which a complaint that you
may have regarding the SonServer service you may contact the
complaint Assistance Unit of the Division of Consumer Services
of the Department of Consumer Affairs in writing at 1020 N.
Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
- All domain name registrants must agree with the
ICANN Uniform Domain Name Dispute Policy
- All registrants requesting a .biz
domain name must agree with Schedule
B prior to registering a name.
-
All registrants requesting a .cc domain name
must agree with Appendix
A prior to registering a name.
-
All registrants requesting a .info domain name
must agree with Schedule
A prior to registering a name.
-
All registrants requesting a .name domain name
must agree with .name
Regist. Agreement prior to registering a name.
-
All registrants requesting a .tv domain name
must agree with the .tv
Registration Agreement prior to registering a
name.
-
All registrants requesting a .us domain name
must agree with Schedule
A prior to registering a name.
.
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Internet
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